Current through Vol. 42, No. 1, September 16, 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. 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 ensure 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 firefighting 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.
(e) Appointing
Authorities may provide compensatory time off to FLSA Exempt (as defined by the
Fair Labor Standards Act) employees with the following stipulations:
(1) The compensatory time off shall be taken
within time periods and policy outlined in
260:25-7-12(d).
(2) Unused compensatory time shall be taken
off the books if not taken by the end of the time periods and policy outlined
in 260:25-7-12(d)
(2).
(3) Compensatory time shall
only be given on an hour-for-hour basis, one (1) hour off for each hour worked
overtime. The maximum compensatory time which may be accrued by an FLSA exempt
employee shall be the same as that outlined in
260:25-7-12(d)
(3).
(4) Payments shall not be made
for compensatory time accrued by an employee on FLSA Exempt status for any
reason, except as provided for in (f) of this Section.
(f) After submitting written notice to the
Human Capital Management Division, an Appointing Authority may provide overtime
payments to persons in FLSA Exempt classes based on a prevailing market
condition.
Added at 31 Ok Reg
1346, eff 9-12-14
