NY Civ Serv L § 134 (2021)
2021 New York Laws CVS - Civil Service Article 8 - Classification and Compensation of State Employees Title B - Salary Grades; Determination of Salaries 134 - 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.  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.