WEST virginia legislature
2020 regular session
Introduced
House Bill 4732
[Introduced February 06,
2020; Referred to the Committee on Finance]
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§15-2-5a, relating to requiring compensation be made to certain members of the
State Police; and providing pay for off-duty time when they are required to be
on standby to be called back to work.
Be it enacted by the
Legislature of West Virginia:
(a) Any time that the
West Virginia State Police requires a State Police officer, inclusive of the
ranks of trooper to sergeant, during his or her off-duty hours, to be
restricted as to where he or she may go, or what the officer may do because he
or she is on call, the officer shall be entitled to be paid 50 percent of the
troopers current hourly rate for every hour on call.
(b) State Police
officers who are off-duty and called back to work by the West Virginia State
Police, or who are required to appear in court, are guaranteed a minimum of two
hours pay at a rate of 1.5 times their hourly rate, or equivalent pay for every
hour worked.
(c) The provisions of
this section do not exempt State Police officers as defined under the Fair
Labor Standards Act or to State Police officers who are designated as support
specialists as defined in Legislative Rule 81-03, West Virginia State Police
Career Progression System. The pay provided in this section is not subject to
retirement deduction and is not to be used in retirement annuity calculations.
NOTE: The purpose of this bill is
to require that State Police officers be compensated for time when they are
required to be on standby so that they may be called back to work if necessary.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.