General Circular No. 001372
To: Heads of State Agencies and Human Resource Directors
Subject: Proposed Changes To Certain Overtime Rules
Issue Date: October 25, 1999
The State Civil Service Commission will hold a public hearing on December 8, 1999, to consider the amendment of Civil Service Rules 6.20; 6.21; 6.22; 6.23(a); 6.25(d); 6.26; and 6.27(a). The hearing will begin at 9:00 a.m. and will be held in the Commission Hearing Room, DOTD Annex Building, 1201 Capitol Access Road, Baton Rouge, Louisiana.
Consideration will be given to the following:
Amend Rule 6.20:
6.20 Options for Full-time EXEMPT AND NONEXEMPT Employees for Overtime
Hours Actually Worked in Excess of Forty Hours per Week.
An appointing authority shall select and use one of the applicable options listed
below for those overtime hours actually worked in excess of 40 hours per week.
ONLY OPTIONS 1 OR 2 under Rule 6.20 (a) shall be used for overtime work
by employees in NONEXEMPT STATUS REGARDLESS of GS level. Refer
to Rule 6.24 for fire, law enforcement, and hospital employees.
PAY RANGE OPTIONS
(a) GS-12 and below in General Schedule
(1) Cash payment at time and
and
one-half rate.
MS-56 and below in Medical Schedule (2) Compensatory leave earned
at time and one-half rate.
(3) Cash payment at regular rate.
(4) Compensatory leave earned
hour for hour.
GS-13 and above in General Schedule
(1) Cash payment at regular rate.
and
(2) Compensatory leave earned
MS-57 and above in Medical Schedule hour for hour.
(3) No overtime compensation.
EXPLANATION
This amendment would change the GS-level from 11 to 12, in the General Schedule, for payment of overtime hours actually worked in excess of 40 hours per week in 6.20(a) to make the GS-level ranges consistent with other rule amendments (6.25(c) and (d), and 11.29(e)2). In amendment 6.20(b), the GS-level is changed from 12 to 13, in the General Schedule, for payment of overtime hours actually worked in excess of 40 hours per week to make the GS-level ranges consistent with other rule amendments. Certain words have been typed in capital letters in this rule to stress that regardless of pay level, if an employee is nonexempt under the federal Fair Labor Standards Act (FLSA), he/she must be compensated for overtime work in accordance with that Act.
Amend Rule 6.21:
6.21 Overtime Options for Full-Time Employees for Overtime Hours Not Actually
Worked in Excess of Forty Hours per Week Due to Holidays Observed or
Leave Taken.
An appointing authority shall select and use one of the applicable options listed
below for those overtime hours not actually worked in excess of forty hours per
week due to holidays observed or leave taken.
PAY RANGE OPTIONS
(a) GS-12 and below in General Schedule
(1) Cash payment at regular rate.
and
(2) Compensatory leave earned
MS-56 and below in Medical Schedule hour for hour.
(b) GS-13 and above in General Schedule
(1) Cash payment at regular rate.
and
(2) Compensatory leave earned
MS-57 and above in Medical Schedule.
hour for hour.
(3) No overtime compensation
EXPLANATION
This amendment is for the same purpose as stated in the explanation for Rule 6.20.
Amend Rule 6.22:
6.22 Overtime Options for Part-Time Employees.
The appointing authority shall select and use one of the applicable options for:
(a) . . .
(b) A regular part-time employee who works in excess of forty hours per week
and is nonexempt, or GS-12 and below in the General Schedule or MS-56
and below in the Medical Schedule:
Options:
Compensation in accordance with Rule 6.20.
(c) A regular part-time employee who works in excess of forty hours per week
and is exempt and is GS-13 and above in the General Schedule or MS-57
and above in the Medical Schedule:
Options:
1. Cash payment at regular rate.
2. Compensatory leave earned hour for hour.
(d) An intermittent employee:
Options:
1. Overtime for work in excess of forty hours per week by nonexempt
employees, or those GS-12 and below in the General Schedule or MS-56
and below in the Medical Schedule, shall be compensated in accordance
with Rule 6.20.
2. Overtime for work in excess of forty hours by exempt employees or those
GS-13 and above in the General Schedule or MS-57 and above in the
Medical Schedule, shall be compensated by cash payment at regular rate.
3. . . .
EXPLANATION
This amendment is for the same purpose as stated in the explanation for Rule 6.20.
Amend Rule 6.23(a):
6.23 Overtime Options for Work on Holidays.
(a) An appointing authority shall select and use, for BOTH EXEMPT AND
NONEXEMPT EMPLOYEES, one of the applicable options for overtime
work not in excess of forty hours per week performed on holidays.
PAY RANGE OPTIONS
1. GS-12 and below in General Schedule (a) Cash payment at time one-half
and
rate.
MS-56 and below in Medical Schedule (b) Cash payment at regular rate.
(c) Compensatory time earned
hour for hour.
2. GS-13 and above in General Schedule (a) Cash payment at regular
and
rate.
MS-57 and above in Medical Schedule (b)Compensatory time earned
hour for hour.
(c) No overtime compensation.
(b) and (c) . . .
EXPLANATION
This amendment is for the same purpose as stated in the explanation for rule 6.20.
Amend Rule 6.25(d):
6.25 ACCUMULATION OF COMPENSATORY LEAVE
(a)…
(b)…
(c)…
(d) Payment shall be paid within 60 days after January 1 of each year for
compensatory leave that exceeds 360 hours and was earned hour for hour at
GS-12 and below in the General Schedule and MS-56 and below in the
Medical Schedule. Such payment shall be at the employee’s regular rate,
excluding premium pay, shift differential and non-cash compensation. If an
exception has been approved in accordance with subsection (c) of this rule,
any compensatory leave over that approved maximum number of hours shall
be paid within 60 days after January 1 of each year.
(e) …
EXPLANATION
This amendment makes payment of compensatory leave that exceeds 360 hours consistent with other payment dates for paying compensatory leave.
Amend Rule 6.26:
6.26 Civil Service Review of NONEXEMPT POSITIONS GS-13 OR ABOVE in
the General Schedule and MS-57 or Above in the Medical Schedule
(a) It is the RESPONSIBILITY OF THE APPOINTING AUTHORITY TO
DETERMINE WHETHER OR NOT AN EMPLOYEE OCCUPYING A
POSITION GS-13 OR ABOVE IN THE GENERAL SCHEDULE OR
MS-57 AND ABOVE IN THE MEDICAL SCHEDULE SHOULD BE
CONSIDERED NONEXEMPT UNDER THE FAIR LABOR
STANDARDS ACT ON AN ONGOING BASIS. Such employees must be
paid in accordance with that federal law, and this should be done without
requesting prior approval from the Director of Civil Service. However, within
a reasonable period of time following such determination by the appointing
authority, he shall provide the Director with a listing of the job titles and
applicable number of positions GS-13 and above in the General Schedule or
MS-57 and above in the Medical Schedule that are considered to be
nonexempt.
(b) . . .
EXPLANATION
This amendment is for the same purpose as stated in the explanation for Rule 6.20.
Amend Rule 6.27(a):
6.27 Exceptions to the Overtime Rules.
Exceptions to the Rules on overtime compensation are as follows:
(a) For positions in classes GS-13 or above in the General Schedule or MS-57
and above in the Medical Schedule, which are exempt under the Fair Labor
Standards Act, the Commission may grant authority to use any of the options
for overtime compensation when:
1. An appointing authority petitions the Commission for this authority. The
Commission may, with such restrictions as it deems appropriate, permit the
use of time and one-half compensation to employees who occupy positions
in jobs GS-13 and above in the General Schedule and MS-57 and above
in the Medical Schedule.
2. The Civil Service Director petitions the Commission for authority to utilize
time and one-half compensation to specific jobs GS-13 and above in the
General Schedule or MS-57 and above in the Medical Schedule. Such
authorizations, when approved, shall be published as part of the Personnel
Manual.
(b) - (e). . .
EXPLANATION
This amendment is for the same purpose as stated in the explanation for Rule 6.20.
Persons interested in making comments relative to these proposals may do so at the public hearing or by writing to the Director of State Civil Service at Post Office Box 94111, Baton Rouge, Louisiana 70804-9111.
If any accommodations are needed, please notify us prior to this meeting.
Sincerely,
Allen H. Reynolds
Director