New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 12 - PUBLIC DEFENDER DEPARTMENT › Part 4 - PAY › Section 10.12.4.14 - OVERTIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. The office is
				responsible for the evaluation of each employee's position and duties in order
				to determine their overtime status as set forth under the FLSA.
B. The office shall provide documentation to
				employees as to the determination of their overtime status.
C. Employees have the right to appeal the
				determination of their overtime status in accordance with the internal
				complaint process to the human resource director. The human resource director
				shall notify employees in writing of the appeal decision within 30 calendar
				days. The employee may file an appeal of the human resource director's decision
				to the chief within 30 calendar days of the human resource director's decision.
				The office shall notify employees that their appeal to the chief must be in
				writing and must include the reason(s) why the employee believes he or she is
				improperly identified for overtime coverage. The appeal must include
				documentation describing the work currently being performed by the employee and
				any other relevant information. All information contained in the appeal shall
				be verified by the department.
D.
				The office shall maintain a record on each employee containing information
				required by the provisions of the FLSA.
E. Workweek is a period of time which begins
				at 12:01 a.m. Saturday, and ends at 12:00 midnight, the following Friday. The
				chief may approve an alternative workweek.
F. Time worked in excess of 40 hours during
				the designated workweek shall be compensated in accordance with the provision
				of the FLSA
				29
				U.S.C. Sections 201 to
				262 for covered,
				non-exempt employees.
G. The
				department shall not change the workweek to avoid payment of overtime. A change
				to the scheduled work hours within the workweek shall not be considered a
				change to the workweek.
H.The
				department shall determine the need for employees to work overtime, and be
				responsible for authorizing overtime work.
I.Paid holiday leave in accordance with the
				provisions of Subsection A of 10.12.4.17 NMAC, annual leave taken in accordance
				with the provisions of Subsection F of 10.12.7.8 NMAC, and administrative leave
				for voting taken in accordance with the provisions of Subsection C of
				10.12.7.14 NMAC shall also count as time worked in the consideration of
				overtime for FLSA covered, non-exempt employees.
J.The department shall pay FLSA covered,
				non-exempt employees for overtime worked unless the employee, in advance,
				agrees in writing to compensatory time off. Non- exempt employees may accrue a
				maximum of 240 hours of compensatory time, unless otherwise authorized by
				statute and shall be paid for accrued compensatory time upon
				separation.
K.Employees not covered
				or exempt from the overtime provisions of the FLSA may be compensated for
				overtime at the discretion of the chief and subject to budget
				availability.
L.Any additional
				regular hours worked shall not be substituted for approved paid leave time
				during the same week additional regular hours were worked.