Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 25 - Personnel Administration Rules › Subchapter 7 - Salary and Payroll › Part 1 - SALARY AND RATE OF PAY › Section 260:25-7-12 - Payment of overtime

Current through Vol. 41, No. 20, July 1, 2024
(a) An Appointing
				  Authority shall neither require nor allow FLSA Non-Exempt employees to work in
				  excess of forty (40) hours a week without establishing and implementing a
				  comprehensive policy for compensation. Such policy shall be in compliance with
				  the Fair Labor Standards Act (
				  29
				  U.S.C. 201 et seq.). The policy shall be made
				  available by the Appointing Authority to interested persons upon request and
				  the Appointing Authority shall so notify employees. Copies of such policy shall
				  be forwarded to the Human Capital Management Division. This section is not a
				  comprehensive listing of the provisions of the Fair Labor Standards Act (
				  29
				  U.S.C, 201 et seq.) and regulations
				  promulgated thereunder, and is not intended to conflict with either the Act or
				  the regulations.
(b) FLSA
				  Non-Exempt (as defined by the Fair Labor Standards Act) employees shall be paid
				  1 1/2 times their regular hourly rate for each overtime hour worked. For the
				  purposes of this rule, "Hours worked" shall not include any form of paid or
				  unpaid leave used by an employee in lieu of the actual performance of
				  work.
(c) The Executive Branch of
				  the State of Oklahoma is one employer for FLSA purposes; therefore, concurrent
				  employment in more than one agency is considered joint employment. Employees
				  working in one or more nonexempt positions in Executive Branch agencies and who
				  work more than forty (40) total hours per week shall be eligible for overtime.
				  Employees shall be required to notify their current agency upon accepting
				  employment with another Executive Branch agency. It will be the responsibility
				  of all agencies involved to insure that all FLSA requirements associated with
				  multiple agency appointments are met.
(d) Compensatory time in lieu of overtime
				  payment at the rate of time and one-half may be given to FLSA Non-Exempt
				  employees (as defined by the Fair Labor Standards Act) subject to the following
				  conditions:
(1) Prior to the performance of
				  overtime work, the Appointing Authority and the employee shall agree in writing
				  that the employee may be required to take compensatory time in lieu of overtime
				  pay. A written agreement is not required with respect to employees hired prior
				  to April 15, 1986, if the employer had a regular practice in effect on April
				  15, 1986, of granting compensatory time off in lieu of overtime pay ( 29 U.S.C.
				  553.23 ).
(2) An employee shall be
				  permitted to use accrued compensatory time within 180 days following the pay
				  period in which it was accrued. The balance of any unused compensatory time
				  earned but not taken during this time period shall be paid to the employee. An
				  Appointing Authority may grant an extension of this time period for taking
				  compensatory time off up to an additional 180 days. Agencies shall not be
				  allowed to extend the initial 180-day time period for employees working in an
				  institutional setting as defined by 74:840-2.15(D) [74:840-2.15(C)].
(3) The maximum compensatory time which may
				  be accrued by a FLSA Non- Exempt employee shall be 480 hours for those
				  employees engaged in a public safety or fire fighting activity and 240 hours
				  for all other FLSA Non-Exempt employees.
(4) An employee who has accrued the maximum
				  number of compensatory hours shall be paid overtime compensation for any
				  additional overtime hours worked at the rate of 1 1/2 times their regular
				  hourly rate of pay for each overtime hour worked.
(5) Payment for accrued compensatory time
				  upon termination of employment with the agency shall be calculated at the
				  average regular rate of pay for the final three (3) years of employment, or the
				  final regular rate received by the employee, whichever is the higher.
(6) Overtime and compensatory time
				  is accrued by work period, as defined by the FLSA.
(7) Compensatory time shall not be
				  transferred from one agency to another agency.
(8) An Appointing Authority shall approve an
				  employee's request to take compensatory time off on a particular day, unless
				  the employee's taking compensatory time off on that day disrupts agency
				  operations or endangers public health, safety, or property.
(9) Accrued compensatory time shall be
				  exhausted before the granting of any annual leave for a non-exempt employee
				  except when the employee may lose accrued leave under
				  260:25-15-10 and 260:2515-11(b)
				  (5).
(10) Adjustments in scheduled
				  work time may be made on an hour-for-hour basis within the work
				  period.