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S1282......................................................by STATE AFFAIRS
STATE EMPLOYEES - Amends existing law to clarify state employment policy on
hours worked and overtime compensation for classified and nonclassified
employees designated as executive, administrative or professional.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Darrington
Floor Sponsor - Ingram
Title apvd - to House
02/23 House intro - 1st rdg - to Com/HuRes
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 48-13-9
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Block, Boe,
Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal, Denney,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,
Henbest, Jones, Lake, Langford, Martinez, McGeachin, McKague, Meyer,
Miller, Naccarato, Nielsen, Ringo, Roberts, Rydalch, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Trail, Wills, Wood
NAYS -- Bolz, Cuddy, Douglas, Eberle, Harwood, Kellogg, Kulczyk,
Langhorst, Mitchell, Pasley-Stuart, Ring, Robison, Sali
Absent and excused -- Bedke, Bell, Black, Jaquet, Moyle, Raybould,
Ridinger, Stevenson, Mr. Speaker
Floor Sponsor - Edmunson
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/24 Governor signed
Session Law Chapter 299
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1282
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE PERSONNEL SYSTEM AND NONCLASSIFIED STATE OFFICERS AND EMPLOY-
3 EES; AMENDING SECTION 59-1607, IDAHO CODE, TO CLARIFY STATE EMPLOYMENT
4 POLICY ON HOURS WORKED AND OVERTIME COMPENSATION FOR CLASSIFIED AND NON-
5 CLASSIFIED EMPLOYEES DESIGNATED AS EXECUTIVE, FOR CLASSIFIED AND NONCLAS-
6 SIFIED OFFICERS AND EMPLOYEES DESIGNATED AS ADMINISTRATIVE OR PROFES-
7 SIONAL, AND FOR CLASSIFIED AND NONCLASSIFIED OFFICERS AND EMPLOYEES NOT
8 DESIGNATED AS EXECUTIVE, ADMINISTRATIVE OR PROFESSIONAL AND TO MAKE TECH-
9 NICAL CORRECTIONS; AMENDING SECTION 67-5329, IDAHO CODE, TO CLARIFY ELIGI-
10 BILITY FOR CASH COMPENSATION OR COMPENSATORY TIME FOR OVERTIME WORK FOR
11 CLASSIFIED AND NONCLASSIFIED OFFICERS AND EMPLOYEES, FOR CLASSIFIED AND
12 NONCLASSIFIED EMPLOYEES DESIGNATED AS EXECUTIVE, AND FOR CLASSIFIED AND
13 NONCLASSIFIED EMPLOYEES DESIGNATED AS ADMINISTRATIVE OR PROFESSIONAL, TO
14 PROVIDE A CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AND
15 AMENDING SECTION 67-5330, IDAHO CODE, TO DELETE A SUBSECTION REFERENCE AND
16 TO MAKE A TECHNICAL CORRECTION.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 59-1607, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 59-1607. HOURS OF WORK -- OVERTIME. (1) It is the policy of the legisla-
21 ture of the state of Idaho that all classified and nonclassified officers and
22 employees of state government shall be treated equally with reference to hours
23 of employment, holidays and vacation leave, in the same manner as classified
24 employees, except as provided in this chapter. The policy of this state shall
25 not restrict the extension of regular work hour schedules on an overtime
26 basis, which shall be the same as for classified and nonclassified employees,
27 in those activities and duties where such extension is necessary and autho-
28 rized by the appointing authority.
29 (2) The appointing authority of any department shall determine the neces-
30 sity for overtime work and shall provide for cash compensation or compensatory
31 time off for such overtime work for eligible classified and nonclassified
32 officers and employees.
33 (3) Classified and nNonclassified officers and employees who fall within
34 one (1) or more of the following categories are ineligible for cash compensa-
35 tion or compensatory time for overtime work:
36 (a) Elected officials; or
37 (b) Holders of an office or position for which confirmation by the senate
38 is required;
39 (c) Departmental directors, or equivalent;
40 (d) Division administrators, or equivalent;
41 (e) Those included in the definition of section 67-5303(j), Idaho Code.
42 (4) Classified and nonclassified employees who are designated as execu-
43 tive, as provided in section 67-5302, Idaho Code, who are designated as exempt
2
1 under any other complete exemption in federal law, and who are not included in
2 the definition of subsection (3) of this section, shall be ineligible for cash
3 compensation for overtime work, but such classified and nonclassified employ-
4 ees shall be allowed compensatory time off from duty for overtime work. Such
5 compensatory time shall be earned and allowed on a one (1) hour for one (1)
6 hour basis not to exceed two hundred forty (240) hours. Accrued compensatory
7 time off earned under this section shall not be transferable, and shall be
8 forfeited at the time of transfer to another appointing authority or upon sep-
9 aration from state service.
10 (5) Classified and nNonclassified officers and employees who are desig-
11 nated as executive, administrative or professional as provided in section
12 67-5302, Idaho Code, or who are designated as exempt under any other complete
13 exemption in federal law, and who are not included in the definition of sub-
14 section (3) above of this section, shall be ineligible for cash compensation
15 for overtime work unless cash payment is authorized by the state board of
16 examiners for overtime accumulated during unusual or emergency situations, but
17 such classified and nonclassified officers and employees shall be allowed com-
18 pensatory time off from duty for overtime work. Such compensatory time shall
19 be earned and allowed on a one (1) hour for one (1) hour basis, shall not be
20 transferable, and shall be forfeited at the time of transfer to another
21 appointing authority or upon separation from state service.
22 (56) Classified and nNonclassified officers and employees who are not
23 designated as executive, administrative or professional as provided in section
24 67-5302, Idaho Code, who are not designated as exempt under any other complete
25 exemption in federal law, and who are not included in the definition of sub-
26 section (3) above of this section, shall be eligible for cash compensation or
27 compensatory time off from duty for overtime work, subject to the restrictions
28 of applicable federal law. Compensatory time off may be provided in lieu of
29 cash compensation at the discretion of the appointing authority after consul-
30 tation, in advance, with the employee. Compensatory time off shall be paid at
31 the rate of one and one-half (1 1/2) hours for each overtime hour worked. Com-
32 pensatory time off which has been earned during any one-half (1/2) fiscal year
33 but not taken by the end of the succeeding one-half (1/2) fiscal year, shall
34 be paid in cash on the first payroll following the close of such succeeding
35 one-half (1/2) fiscal year. Compensatory time not taken at the time of trans-
36 fer to another appointing authority or upon separation from state service
37 shall be liquidated at the time of such transfer or separation by payment in
38 cash.
39 SECTION 2. That Section 67-5329, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 67-5329. CASH FOR OVERTIME -- COMPENSATORY TIME. (1) Classified and non-
42 classified officers and employees who fall within one (1) or more of the fol-
43 lowing categories are ineligible for cash compensation or compensatory time
44 for overtime work:
45 (a) Elected officials; or
46 (b) Holders of an office or position for which confirmation by the senate
47 is required;
48 (c) Departmental directors, or equivalent;
49 (d) Division administrators, or equivalent;
50 (e) Those included in the definition of section 67-5303(ij), Idaho Code.
51 (2) Classified and nonclassified employees who are designated as execu-
52 tive, as provided in section 67-5302, Idaho Code, who are designated as exempt
53 under any other complete exemption in federal law, and who are not included in
3
1 the definition of subsection (1) of this section, shall be ineligible for cash
2 compensation for overtime work, but such classified and nonclassified employ-
3 ees shall be allowed compensatory time off from duty for overtime work. Such
4 compensatory time shall be earned and allowed on a one (1) hour for one (1)
5 hour basis not to exceed two hundred forty (240) hours. Accrued compensatory
6 time off earned under this section shall not be transferable, and shall be
7 forfeited at the time of transfer to another appointing authority or upon sep-
8 aration from state service.
9 (3) Classified and nonclassified employees who are designated as execu-
10 tive, administrative or professional, as provided in section 67-5302, Idaho
11 Code, or who are designated as exempt under any other complete exemption in
12 federal law, and who are not included in the definition of subsection (1)
13 above of this section, shall be ineligible for cash compensation for overtime
14 work unless cash payment is authorized by the state board of examiners for
15 overtime accumulated during unusual or emergency situations, but such classi-
16 fied and nonclassified employees shall be allowed compensatory time off from
17 duty for overtime work. Such compensatory time shall be earned and allowed on
18 a one (1) hour for one (1) hour basis, shall not be transferable, and shall be
19 forfeited at the time of transfer to another appointing authority or upon sep-
20 aration from state service.
21 (34) Classified employees who are not designated as executive, adminis-
22 trative or professional as provided in section 67-5302, Idaho Code, who are
23 not designated as exempt under any other complete exemption in federal law,
24 and who are not included in the definition of subsection (1) above of this
25 section, shall be eligible for cash compensation or compensatory time off from
26 duty for overtime work, subject to the restrictions of applicable federal law.
27 Compensatory time off may be provided in lieu of cash compensation at the dis-
28 cretion of the appointing authority after consultation, in advance, with the
29 employee. Compensatory time off shall be paid at the rate of one and one-half
30 (1 1/2) hours for each overtime hour worked. Compensatory time off which has
31 been earned during any one-half (1/2) fiscal year but not taken by the end of
32 the succeeding one-half (1/2) fiscal year, shall be paid in cash on the first
33 payroll following the close of such succeeding one-half (1/2) fiscal year.
34 Compensatory time not taken at the time of transfer to another appointing
35 authority or upon separation from state service shall be liquidated at the
36 time of such transfer or separation by payment in cash.
37 SECTION 3. That Section 67-5330, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 67-5330. RATE OF OVERTIME COMPENSATION WHEN PAID IN CASH. Cash compensa-
40 tion for overtime, when paid, shall be at one and one-half (1 1/2) times the
41 hourly rate of that officer's or employee's salary or wage, except for those
42 employees whose positions fall within the definitions of executive, adminis-
43 trative or professional as stated in section 67-5302, Idaho Code, who will be
44 paid at their regular hourly rate of pay as provided for in section
45 67-5329(2), Idaho Code.
Statement of Purpose
RS13827
The current Idaho Code 59-1607 and 67-5329 provides that State of
Idaho employees classified as Agency Directors, Division
Administrators, or their equivalents are considered salaried
employees when they work in excess of 40 hours in a week and are
treated as hourly employees when they work less than the required
40 hours in a week.
Therefore, the State is treating the same employees as hourly and
annual at the same time. Because of this problem many employees are
keeping unrecorded hours outside of the state's record system,
which could cause serious problems with the Fair Labor Standards
act as well as the Idaho Code.
The purpose of this legislation is to promote honest, uniform
reporting of hours worked by FLSA executive level employees and
clarify that these employees are hourly employees unless Idaho Code
sets their salary. This legislation enables FLSA executive level
state employees to report actual hours worked and bank compensatory
time for those hours worked in excess of 40 in a week. These
compensatory time hours could not be paid and would be limited to
240 hours.
Further necessitating this legislation is the fact that Idaho Code
defines some employees' overtime eligibility based on the
employees' job title, whereas the federal overtime statutes ignore
the job title and focus instead on the employee's actual duties.
This legislation would help the state more closely mirror the
federal statutes.
Fiscal Impact
There is no direct fiscal impact for this legislation as the
compensatory time hours earned by FLSA executive level employees
will have no cash value and must be forfeited upon termination or
transfer to another position.
Contact persons :
Steve Kenyon
Dan Goicoechea
Idaho State Controller's Office
S 1282
334-310