S T A T E O F N E W Y O R K
________________________________________________________________________
9758
I N A S S E M B L Y
April 2, 2012
___________
Introduced by M. of A. HANNA -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to requiring a forty
hour standard work week for state officers and 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 direc-
tor 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 regular
position or title or in a position the title of which is allocated to
the same salary grade as his 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 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 Standards 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 agree-
ment with his proper authority exchange hours of work with other employ-
ees doing similar work in the 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 consid-
ered to have worked, for the purpose of determining overtime compen-
sation pursuant to the provisions of this section, a minimum of four
hours each time he is recalled to work overtime after completing his
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15211-01-2
A. 9758 2
scheduled work period and leaving his scheduled work station or may be
considered to have worked a minimum of two hours each time he is sched-
uled to return and returns to duty to work overtime for the purpose of
making an appearance in court after completing his regularly scheduled
work period and leaving his 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 pursu-
ant to the provisions of this section, a minimum of one-half day each
time he is recalled to work overtime after completing his scheduled work
period and leaving his scheduled work station; provided, however, that,
subject to the terms of an agreement negotiated between the state and an
employee organization pursuant to article fourteen of the civil service
law, 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 regular position is allocated, he 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 shall work over-
time, or such maximum salary plus the additional increment or incre-
ments, if he would be entitled to such additional increment or incre-
ments were he then appointed to such position; provided, however, that
when such hourly rate exceeds the hourly rate of pay received by him in
his regular position, he shall receive one and one-half times the hourly
rate of his regular position. When an employee works overtime in a
position allocated to a salary grade higher than the salary grade to
which his regular position is allocated, he shall receive overtime
compensation at one and one-half times the hourly rate of pay of the
rate of compensation to which he would be entitled if he were permanent-
ly promoted to the position in which such overtime work is performed.
S 2. Section 204 of the civil service law is amended by adding a new
subdivision 4 to read as follows:
4. NO PUBLIC EMPLOYER SHALL ACCEPT AN AGREEMENT FROM AN EMPLOYEE
ORGANIZATION UNLESS THE AGREEMENT ESTABLISHES A STANDARD WORK WEEK FOR
STATE OFFICERS AND EMPLOYEES TO BE FORTY HOURS AS REQUIRED BY SECTION
ONE HUNDRED THIRTY-FOUR OF THIS CHAPTER.
S 3. This act shall take effect immediately.