S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1105
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A. BRONSON, DE LA ROSA, GRIFFIN -- read once and
   referred to the Committee on Governmental Employees
 
 AN ACT to amend the civil service  law,  in  relation  to  ensuring  the
   payment  of overtime due and owing for services rendered to combat the
   COVID-19 pandemic

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 4 of section 134 of the civil service law, as
 amended by chapter 87 of the  laws  of  1972,  is  amended  to  read  as
 follows:
   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 sched-
 uled work station; and provide that for the purpose of  computing  over-
 time  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 sched-
 uled work station. Such rules and regulations may exclude any  title  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02352-01-1

 A. 1105                             2
 
 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 posi-
 tions  the  provisions  of  this section which prescribe a work week for
 basic salary and provide for overtime compensation,  PROVIDED,  HOWEVER,
 THAT  FOR EMPLOYEES IN THE CLASSIFIED SERVICE PERFORMING SERVICES DURING
 A DECLARED DISASTER EMERGENCY AUTHORIZED  PURSUANT  TO  SECTION  TWENTY-
 EIGHT  OF  THE EXECUTIVE LAW, THE DIRECTOR OF THE DIVISION OF THE BUDGET
 SHALL DIRECT THE PAYMENT OF ANY OVERTIME COMPENSATION DUE AND OWING  FOR
 SERVICES  RENDERED  FOR  BOTH MANDATED AND VOLUNTEER OVERTIME SERVICE AT
 THE EMPLOYEE'S NORMAL SALARY RATE OR THE SALARY RATE FOR  THE  TITLE  OR
 POSITION  IN  WHICH  SUCH  OVERTIME SERVICES WERE RENDERED AND REPORTED,
 WHICHEVER IS HIGHER.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 7, 2020.