2006 New York Code - Work Week Of State Officers And Employees For Basic Annual Salaries; Overtime Compensation.

 
    § 134. Work  week  of  state  officers  and employees for basic annual
  salaries;  overtime  compensation.  1.  For  all  state   officers   and
  employees,  other than officers and employees of the legislature and the
  judiciary and other than those who shall be  excluded  pursuant  to  the
  rules and regulations hereafter mentioned, the workweek for basic annual
  salary  shall  not  be  more  than forty-hours; and, notwithstanding any
  inconsistent provisions of law, and subject to the rules and regulations
  promulgated by the director of the budget, any such  state  officer  and
  employee  who is authorized or required to work more than forty hours in
  any week in his regular position or title or in a position the title  of
  which  is  allocated  to  the same salary grade as his regular position,
  shall receive overtime compensation for the hours worked  in  excess  of
  forty  in  each  week  at  one and one-half times the hourly rate of pay
  received by such employee in his regular  position;  provided,  however,
  that  an  employee not subject to the overtime provisions of the federal
  "Fair Labor Standards Act of 1938" as amended by the federal "Fair Labor
  Standards Amendments of 1966", being public law six hundred one  of  the
  eighty-ninth  congress,  as  approved  September  twenty-three, nineteen
  hundred sixty-six, and all acts  amendatory  thereof  and  supplementary
  thereto,  may  by  written  agreement with his proper authority exchange
  hours of work with other employees doing similar work in the same  state
  institution   or   other   state   governmental  unit  without  overtime
  compensation. Upon the approval of the director of the budget  a  member
  of the state police may be considered to have worked, for the purpose of
  determining  overtime  compensation  pursuant  to the provisions of this
  section, a minimum of four hours  each  time  he  is  recalled  to  work
  overtime  after  completing  his  scheduled  work period and leaving his
  scheduled work station or may be considered to have worked a minimum  of
  two  hours  each  time  he is scheduled to return and returns to duty to
  work overtime for the purpose of making an  appearance  in  court  after
  completing his regularly scheduled work period and leaving his regularly
  scheduled  work station. Upon the approval of the director of the budget
  an employee may be  considered  to  have  worked,  for  the  purpose  of
  determining  overtime  compensation  pursuant  to the provisions of this
  section, a minimum of one-half day each time  he  is  recalled  to  work
  overtime  after  completing  his  scheduled  work period and leaving his
  scheduled work station; provided, however, that, subject to the terms of
  an agreement negotiated between the state and an  employee  organization
  pursuant  to  article  fourteen  of  the  civil service law, an employee
  recalled to work may be considered to have worked less than a minimum of
  one-half day and an employee recalled to work more than  once  during  a
  period  of  one-half day commencing with the onset of the initial recall
  will not be entitled to more than one-half day of overtime credit unless
  more than one-half day is actually worked. When an employee  shall  work
  overtime  in  a position which has a title which is allocated to a lower
  salary grade than the salary grade to which the  title  of  his  regular
  position is allocated, he shall receive overtime compensation at one and
  one-half times the hourly rate of pay of the maximum salary of the grade
  of  the position in which he shall work overtime, or such maximum salary
  plus the additional increment or increments, if he would be entitled  to
  such  additional  increment or increments were he then appointed to such
  position; provided, however, that when  such  hourly  rate  exceeds  the
  hourly  rate  of  pay  received by him in his regular position, he shall
  receive one and one-half times the hourly rate of his regular  position.
  When  an  employee  works  overtime  in a position allocated to a salary
  grade higher than the salary grade to  which  his  regular  position  is
  allocated,  he  shall  receive overtime compensation at one and one-half
  times the hourly rate of pay of the rate of  compensation  to  which  he
  would  be  entitled  if  he were permanently promoted to the position in
  which such overtime work is performed.
    2.  Any  person  employed  by  the  state in any institution under the
  jurisdiction of the department of  mental  hygiene,  the  department  of
  correction,  the  department  of  health  or  the  department  of social
  welfare, or in the state barge canal system, or in the  New  York  state
  school  for  the blind, Batavia, or in the New York state veterans' rest
  camp, Mt. McGregor, whose hours of labor are limited to forty hours  per
  week,  or six days per week, by law or administrative regulation, who is
  not allowed time off by the appointing officer, during any  fiscal  year
  commencing  on or after April first, nineteen hundred forty-six, for any
  holiday, pass day or vacation period which he was eligible to receive by
  law or by administrative regulation, shall, upon  the  approval  of  the
  superintendent  or  other head of such institution or department and the
  director of the budget, be entitled  to  compensation  therefor  at  the
  hourly  rate  of  pay  received by such employee, or shall be allowed an
  equivalent amount of time off in lieu of such compensation.
    3. The amount received as overtime  compensation  under  this  section
  shall  be  regarded as salary or compensation for any of the purposes of
  any pension or retirement system in which  the  employee  receiving  the
  same  is a member. Overtime compensation shall not be regarded as salary
  or compensation for the purpose of determining the right to any increase
  of salary or any salary increment on account of  length  of  service  or
  otherwise.   No   such  overtime  compensation  shall  be  construed  to
  constitute a promotion or to increase any compensation  which  a  public
  employee  may  receive  pursuant  to  section six of chapter six hundred
  eight of the laws of nineteen hundred fifty-two.
    4. The director of the budget shall promulgate, and may from  time  to
  time  amend  or  rescind, rules and regulations for carrying into effect
  the provisions of this section. Such rules and regulations, among  other
  things,  may  classify  and  define  positions  and  employments for the
  purposes of this section, and otherwise provide appropriate formulas for
  determining overtime compensation as herein provided  and  provide  that
  for  the  purpose  of  computing  overtime compensation pursuant to this
  section, members of the state police in any title or individual position
  or positions shall be considered to have worked a minimum of four  hours
  each  time  they  are  recalled  to work overtime after having completed
  their scheduled work period and left their  scheduled  work  station  or
  shall be considered to have worked a minimum of two hours each time they
  are  scheduled  to  return  and  return to duty to work overtime for the
  purpose of making an appearance in  court  in  their  official  capacity
  after  having  completed  their  scheduled  work  period  and left their
  scheduled work station; and provide that for the  purpose  of  computing
  overtime  compensation  pursuant to this section, employees in any title
  or individual position or positions shall be considered to have worked a
  minimum of one-half day each time they are  recalled  to  work  overtime
  after  having  completed  their  scheduled  work  period  and left their
  scheduled work station. Such rules and regulations may exclude any title
  or individual position or positions,  when  the  nature  of  the  duties
  performed  or the difficulty of maintaining adequate time controls makes
  it impracticable to apply  to  such  title  or  individual  position  or
  positions the provisions of this section which prescribe a work week for
  basic salary and provide for overtime compensation.
    5.  Notwithstanding  any  other  provisions  of  law  to the contrary,
  employees in any title or individual position or positions ineligible to
  accrue overtime credits under the rules and regulations  promulgated  by
  the  director  of  the budget pursuant to the provisions of this section
  who are required to work beyond  a  normal  work  week  may  be  granted
  additional  compensation.  Such compensation shall be paid upon approval
  by the director of the budget and at a rate established by the  director
  of the budget, provided however, that such additional compensation shall
  not  exceed  twelve  per  cent  of  the  employee's  basic  salary. Such
  compensation shall be paid in addition to and shall not be a part of the
  employee's basic annual salary, and  shall  not  affect  or  impair  any
  performance  advances  or other rights or benefits to which the employee
  may be entitled under the provisions of this chapter, provided  however,
  that  any  differential  payable  pursuant  to this subdivision shall be
  included as compensation for retirement purposes.
    6. Notwithstanding any other provisions of law to  the  contrary,  any
  employee  in  any  title  or  individual  position  ineligible to accrue
  overtime credits under the rules  and  regulations  promulgated  by  the
  director of the budget pursuant to the provisions of this section who is
  required  to work beyond a normal workweek during a period deemed by the
  director of the budget to  be  an  extreme  emergency,  may  be  granted
  additional  compensation  upon the approval of and at a rate established
  by the director of the budget; provided, however, that  such  additional
  compensation  shall not exceed one and one-half times the hourly rate of
  pay received by such employee in his regular position. Such compensation
  shall be in addition to, and not be a  part  of,  the  employee's  basic
  annual  salary  and  shall  not  affect or impair any increment or other
  rights or benefits to which the  employee  may  be  entitled  under  the
  provisions  of  this  chapter;  provided, however, that any differential
  payable pursuant to this subdivision shall be included  as  compensation
  for retirement purposes.
    6-a.  Notwithstanding  any  other  provisions  of law to the contrary,
  employees in any title or individual position or positions,  other  than
  those  ineligible  to  accrue  overtime  credits  under  the  rules  and
  regulations promulgated by the director of the budget  pursuant  to  the
  provisions  of  this  section,  who  are  required  to  be available for
  immediate recall and who must be prepared to return  to  duty  within  a
  limited  period  of time may be granted additional compensation for each
  day that such employee is  actually  scheduled  to  remain  and  remains
  available  for  recall;  provided,  however,  in  the  event an employee
  entitled to such additional compensation is actually recalled  to  work,
  the employee will receive appropriate overtime or recall compensation in
  lieu of such additional compensation, except that employees in positions
  in  the administrative, operational and institutional services units and
  the professional, scientific and technical unit established pursuant  to
  article fourteen of this chapter shall receive such appropriate overtime
  or recall compensation in addition to such additional compensation. Such
  additional  compensation  shall be paid upon approval of the director of
  the budget and at a rate established by the director of the budget. Such
  compensation shall be paid in addition to and shall not be a part of the
  employee's basic annual salary, and  shall  not  affect  or  impair  any
  increments  or  other  rights  or  benefits to which the employee may be
  entitled under the provisions of this chapter; provided,  however,  that
  any  compensation payable pursuant to this subdivision shall be included
  as compensation for retirement purposes. The director of the budget  may
  adopt  such regulations as he or she may deem necessary to carry out the
  provisions of this subdivision.
    6-b. Notwithstanding any other provision of law  to  the  contrary,  a
  member of the state police in a title or individual position, other than
  a  title  or  individual  position ineligible to accrue overtime credits
  under the rules and regulations  promulgated  by  the  director  of  the
  budget  pursuant  to the provisions of this section, who is either in an
  off-duty status or has completed a tour of duty and is directed,  during
  an  emergency  situation,  to  be available for immediate recall and who
  must be prepared to return to duty within a limited period of  time  may
  be  granted additional compensation for each hour of such time that each
  such  member  is  actually  directed to remain and remains available for
  recall; provided, however, in the  event  the  member  is  recalled  and
  compensated  pursuant to the recall provisions of this section but works
  less than four hours, for the  purpose  of  computing  the  compensation
  payable pursuant to this subdivision the length of time during which the
  member  remains  available  for  recall shall be reduced by an amount of
  time equal to the difference between the hours worked  and  four  hours.
  Such additional compensation shall be paid upon approval of the director
  of  the  budget and at the rate established, subject to the terms of any
  agreement negotiated between the  state  and  an  employee  organization
  pursuant  to  article fourteen of the civil service law, by the director
  of the budget; provided, however, that such rate, when  computed  on  an
  annual  basis,  shall  not  exceed  ten  per cent of such member's basic
  annual salary. Such compensation shall be paid in addition to and  shall
  not affect or impair any increments or other rights or benefits to which
  the  member  may  be  entitled  under  the  provisions  of this chapter;
  provided, however,  that  any  compensation  payable  pursuant  to  this
  subdivision  shall  be included as compensation for retirement purposes.
  The director of the budget may adopt such regulations  as  he  may  deem
  necessary to carry out the provisions of this subdivision.
    6-c.  Notwithstanding  any  other  provision  of  law to the contrary,
  employees in any title or  individual  position  or  positions  who  are
  entitled  to time off with pay on days observed as holidays by the state
  as an employer and are required to work on such holidays may be  granted
  additional  compensation  for  time worked on such days. Such additional
  compensation shall be at a rate established, subject to the terms of any
  agreement negotiated between the  state  and  an  employee  organization
  pursuant  to  article fourteen of the civil service law, by the director
  of the budget. Such compensation shall be paid in addition to and  shall
  not  be  a  part  of  the  employees' basic annual salary, and shall not
  affect or impair any increments or other rights or benefits to which the
  employee may be entitled under the provisions of this chapter; provided,
  however, that any compensation  payable  pursuant  to  this  subdivision
  shall  be included as compensation for retirement purposes. The director
  of the budget may adopt such regulations, including eligibility for such
  pay, as he may deem necessary  to  carry  out  the  provisions  of  this
  subdivision,  subject  to  the terms of any agreement negotiated between
  the state and an employee organization pursuant to article  fourteen  of
  the civil service law.
    7.  To the extent that appropriations heretofore or hereafter made for
  personal service in any state department, division, institution or other
  state agency are sufficient for the purpose, they shall be available for
  the payment of overtime compensation provided under this section,  after
  audit  by  and  upon  the  warrant  of  the  state  comptroller  and the
  certification  prescribed  by  law  for  the  payment  of  the   regular
  compensation of such employees.
    7. No rule, regulation or other procedure under this section affecting
  state  employees  shall  be  adopted,  repealed  or  amended without the
  approval of the director of employee relations.