S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1989
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced by Sens. JACKSON, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02352-01-1

 S. 1989                             2
 
 uled  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 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.