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:
Section 1. Subdivision 1 of section 134 of the civil service law, as
amended by chapter 382 of the laws of 1973, is amended to read as
follows:
1. For all state officers and employees, other than officers [and
employees] of the legislature and the judiciary and other than those who
shall be excluded pursuant to the rules and regulations hereafter
mentioned, the workweek for basic annual salary shall not be more than
forty-hours; and, notwithstanding any inconsistent provisions of law,
and subject to the rules and regulations promulgated by the director of
the budget, any such state officer and employee who is authorized or
required to work more than forty hours in any week in his OR HER regular
position or title or in a position the title of which is allocated to
the same salary grade as his OR HER regular position, shall receive
overtime compensation for the hours worked in excess of forty in each
week at one and one-half times the hourly rate of pay received by such
employee in his OR HER regular position; provided, however, that an
employee not subject to the overtime provisions of the federal "Fair
Labor Standards Act of 1938" as amended by the federal "Fair Labor Stan-
dards Amendments of 1966", being public law six hundred one of the
eighty-ninth congress, as approved September twenty-three, nineteen
hundred sixty-six, and all acts amendatory thereof and supplementary
thereto, may by written agreement with his OR HER proper authority
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
same state institution or other state governmental unit without overtime
compensation. Upon the approval of the director of the budget a member
of the state police may be considered to have worked, for the purpose of
determining overtime compensation pursuant to the provisions of this
section, a minimum of four hours each time he OR SHE is recalled to work
overtime after completing his OR HER scheduled work period and leaving
his OR HER scheduled work station or may be considered to have worked a
minimum of two hours each time he OR SHE is scheduled to return and
returns to duty to work overtime for the purpose of making an appearance
in court after completing his OR HER regularly scheduled work period and
leaving his OR HER regularly scheduled work station. Upon the approval
of the director of the budget an employee may be considered to have
worked, for the purpose of determining overtime compensation pursuant to
the provisions of this section, a minimum of one-half day each time he
OR SHE is recalled to work overtime after completing his OR HER sched-
uled work period and leaving his OR HER scheduled work station;
provided, however, that, subject to the terms of an agreement negotiated
between the state and an employee organization pursuant to article four-
teen of [the civil service law] THIS CHAPTER, an employee recalled to
work may be considered to have worked less than a minimum of one-half
day and an employee recalled to work more than once during a period of
one-half day commencing with the onset of the initial recall will not be
entitled to more than one-half day of overtime credit unless more than
one-half day is actually worked. When an employee shall work overtime in
a position which has a title which is allocated to a lower salary grade
than the salary grade to which the title of his OR HER regular position
is allocated, he OR SHE shall receive overtime compensation at one and
one-half times the hourly rate of pay of the maximum salary of the grade
of the position in which he OR SHE shall work overtime, or such maximum
salary plus the additional increment or increments, if he OR SHE would
be entitled to such additional increment or increments were he OR SHE
then appointed to such position; provided, however, that when such hour-
ly rate exceeds the hourly rate of pay received by him OR HER in his OR
HER regular position, he OR SHE shall receive one and one-half times the
hourly rate of his OR HER regular position. When an employee works
overtime in a position allocated to a salary grade higher than the sala-
ry grade to which his OR HER regular position is allocated, he OR SHE
shall receive overtime compensation at one and one-half times the hourly
rate of pay of the rate of compensation to which he OR SHE would be
entitled if he OR SHE were permanently promoted to the position in which
such overtime work is performed.
S 2. This act shall take effect immediately.