Legislation
SECTION 134
Work week of state officers and employees for basic annual salaries; overtime compensation
Civil Service (CVS) CHAPTER 7, ARTICLE 8, TITLE B
§ 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. Notwithstanding any other
provision of law, where an agreement between the state and an employee
organization entered into pursuant to article fourteen of this chapter
on behalf of officers and employees serving in positions in the
institutional services unit so provides such officers and employees
shall receive overtime compensation at a rate of two times the hourly
rate of pay received by such employee in his regular position for such
hours of work that qualify for such payment under the terms of such
agreement.
2. Any person employed by the state in any institution under the
jurisdiction of the department of mental hygiene, the department of
corrections and community supervision, 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.
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. Notwithstanding any other
provision of law, where an agreement between the state and an employee
organization entered into pursuant to article fourteen of this chapter
on behalf of officers and employees serving in positions in the
institutional services unit so provides such officers and employees
shall receive overtime compensation at a rate of two times the hourly
rate of pay received by such employee in his regular position for such
hours of work that qualify for such payment under the terms of such
agreement.
2. Any person employed by the state in any institution under the
jurisdiction of the department of mental hygiene, the department of
corrections and community supervision, 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.