BILL NUMBER:  S5680

 TITLE OF BILL :

An act to require state agencies with over twenty-five percent of
their workforce accruing overtime to maintain all full time equivalent
positions from the previous year

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require state agencies to maintain all FTE positions
from a previous year if the agency had more than 25% of their
workforce accrue overtime in the previous calendar year.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 would require state agencies to maintain all FTE positions
from a previous year if they had more than 25% of their workforce
accrue overtime in the previous calendar year. In addition, it would
require state agencies to report the total number of workers and the
total number accruing overtime in the previous year to the Director of
the Budget by January 15. In addition, any agency that exceeds the 25%
threshold will have to report the number of FTE positions that have
been filled and any additional efforts made to reduce overtime.

Section 2 is the effective date.
              

 JUSTIFICATION :

State Agency overtime is skyrocketing.  This is due in large part to
the downsizing of the state workforce, which leaves agencies unable to
fulfill their missions without using large amounts of overtime.

According to the latest available report on state agency overtime
issued by the Comptroller, the total cost of overtime in calendar year
2015 was more than $716 million, which accounts for nearly 16.8
million overtime hours worked. Total overtime earnings and hours in
2015 were higher than in any of the previous eight years. For both
hours and earnings, six of the ten State agencies with the highest
levels of overtime reported increases from 2014 to 2015.

Overtime hours at OPWDD rose 7.7 percent from the prior year and 54
percent from 2010 to 2015, and the average OPWDD overtime earner
worked more than 19 hours over overtime per pay period in 2015.
Overtime earners in four other state agencies also worked on average
of more than 15 hours per pay period in 2015.

In addition, the increased use of overtime has led to an increase in
workplace injuries. Specifically, according to the Department of Civil
Service, 40% of compensable injuries come from two state agencies-
Office of Mental Health and the Office for People with Developmental
Disabilities-which are 1 and 3, respectively in overtime hours worked
in the 2015 report.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

While more FTEs would be retained and hired in certain agencies, this
would be offset by a decrease in overtime expenses and direct and
indirect workers' compensation costs.

 EFFECTIVE DATE :
This act shall take effect immediately.