Bill Text: NY A08190 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires that legislative employees receive overtime compensation for hours worked in excess of 40 in each week at one and one-half times their hourly rate.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-05-18 - held for consideration in governmental employees [A08190 Detail]
Download: New_York-2009-A08190-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8190
2009-2010 Regular Sessions
I N A S S E M B L Y
May 7, 2009
___________
Introduced by M. of A. BOYLE, THIELE, MOLINARO, CROUCH, TOWNSEND --
Multi-Sponsored by -- M. of A. BROOK-KRASNY, CAHILL, COLTON, DUPREY,
McDONOUGH -- read once and referred to the Committee on Governmental
Employees
AN ACT to amend the civil service law, in relation to compensatory time
for legislative employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 134 of the civil service law, as
2 amended by chapter 382 of the laws of 1973, is amended to read as
3 follows:
4 1. For all state officers and employees, other than officers [and
5 employees] of the legislature and the judiciary and other than those who
6 shall be excluded pursuant to the rules and regulations hereafter
7 mentioned, the workweek for basic annual salary shall not be more than
8 forty-hours; and, notwithstanding any inconsistent provisions of law,
9 and subject to the rules and regulations promulgated by the director of
10 the budget, any such state officer and employee who is authorized or
11 required to work more than forty hours in any week in his OR HER regular
12 position or title or in a position the title of which is allocated to
13 the same salary grade as his OR HER regular position, shall receive
14 overtime compensation for the hours worked in excess of forty in each
15 week at one and one-half times the hourly rate of pay received by such
16 employee in his OR HER regular position; provided, however, that an
17 employee not subject to the overtime provisions of the federal "Fair
18 Labor Standards Act of 1938" as amended by the federal "Fair Labor Stan-
19 dards Amendments of 1966", being public law six hundred one of the
20 eighty-ninth congress, as approved September twenty-three, nineteen
21 hundred sixty-six, and all acts amendatory thereof and supplementary
22 thereto, may by written agreement with his OR HER proper authority
23 exchange hours of work with other employees doing similar work in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09820-01-9
A. 8190 2
1 same state institution or other state governmental unit without overtime
2 compensation. Upon the approval of the director of the budget a member
3 of the state police may be considered to have worked, for the purpose of
4 determining overtime compensation pursuant to the provisions of this
5 section, a minimum of four hours each time he OR SHE is recalled to work
6 overtime after completing his OR HER scheduled work period and leaving
7 his OR HER scheduled work station or may be considered to have worked a
8 minimum of two hours each time he OR SHE is scheduled to return and
9 returns to duty to work overtime for the purpose of making an appearance
10 in court after completing his OR HER regularly scheduled work period and
11 leaving his OR HER regularly scheduled work station. Upon the approval
12 of the director of the budget an employee may be considered to have
13 worked, for the purpose of determining overtime compensation pursuant to
14 the provisions of this section, a minimum of one-half day each time he
15 OR SHE is recalled to work overtime after completing his OR HER sched-
16 uled work period and leaving his OR HER scheduled work station;
17 provided, however, that, subject to the terms of an agreement negotiated
18 between the state and an employee organization pursuant to article four-
19 teen of [the civil service law] THIS CHAPTER, an employee recalled to
20 work may be considered to have worked less than a minimum of one-half
21 day and an employee recalled to work more than once during a period of
22 one-half day commencing with the onset of the initial recall will not be
23 entitled to more than one-half day of overtime credit unless more than
24 one-half day is actually worked. When an employee shall work overtime in
25 a position which has a title which is allocated to a lower salary grade
26 than the salary grade to which the title of his OR HER regular position
27 is allocated, he OR SHE shall receive overtime compensation at one and
28 one-half times the hourly rate of pay of the maximum salary of the grade
29 of the position in which he OR SHE shall work overtime, or such maximum
30 salary plus the additional increment or increments, if he OR SHE would
31 be entitled to such additional increment or increments were he OR SHE
32 then appointed to such position; provided, however, that when such hour-
33 ly rate exceeds the hourly rate of pay received by him OR HER in his OR
34 HER regular position, he OR SHE shall receive one and one-half times the
35 hourly rate of his OR HER regular position. When an employee works
36 overtime in a position allocated to a salary grade higher than the sala-
37 ry grade to which his OR HER regular position is allocated, he OR SHE
38 shall receive overtime compensation at one and one-half times the hourly
39 rate of pay of the rate of compensation to which he OR SHE would be
40 entitled if he OR SHE were permanently promoted to the position in which
41 such overtime work is performed.
42 S 2. This act shall take effect immediately.
