TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 53

PERSONNEL SYSTEM

67-5328.  Hours of work and overtime. (1) It is hereby declared to be the policy of the legislature of the state of Idaho that all state employees shall be treated substantially similar with reference to hours of employment. The policy of this state as declared in this act shall not restrict the extension of regular work hour schedules on an overtime basis in those activities and duties where such extension is necessary and authorized, provided that overtime work performed under such extension is compensated for as hereinafter provided.

(2)  The appointing authority of any department shall determine the necessity for overtime work and shall provide for cash compensation or compensatory time off for such overtime work for eligible classified officers and employees, subject to the restrictions of applicable federal law.

(3)  Cash for overtime and compensatory time shall be paid based on the following criteria:

(a)  Classified and nonclassified officers and employees who fall within one (1) or more of the following categories are ineligible for cash compensation or compensatory time for overtime work:

(i)   Elected officials; or

(ii)  Those included in the definition of section 67-5303(j), Idaho Code.

(b)  Classified and nonclassified employees who are designated as executive, as provided in section 67-5302, Idaho Code, and who are not included in the definition of paragraph (a) of this subsection, shall be ineligible for compensatory time or cash compensation for overtime work. Such salaried employees shall report absences in excess of one-half (1/2) day. Employees who become executives within their current agency as set forth in section 67-5302(12), Idaho Code, shall have twelve (12) months from the date of this act or of appointment, whichever is later, to use any compensatory time balance. After twelve (12) months, any remaining compensatory time will be forfeited. Compensatory time is not transferable and shall be forfeited at the time of transfer to another appointing authority or upon separation from state service.

(c)  Classified and nonclassified employees who are designated as administrative or professional, as provided in the federal fair labor standards act, 29 U.S.C. 201 et seq., or who are designated as exempt under any other complete exemption in federal law, and who are not included in the definition of paragraph (a) or (b) of this subsection, shall be ineligible for cash compensation for overtime work unless cash payment is authorized by the state board of examiners for overtime accumulated during unusual or emergency situations, but such classified and nonclassified employees shall be allowed compensatory time off from duty for overtime work. Such compensatory time shall be earned and allowed on hour-for-hour basis, shall not be transferable, and shall be forfeited at the time of transfer to another appointing authority or upon separation from state service. Compensatory time may be accrued and accumulated up to a maximum of two hundred forty (240) hours. Effective with the first pay period in July 2008 (beginning date June 15, 2008), compensatory time balances in excess of two hundred forty (240) hours will not continue to accrue until the balance is below the maximum.

(d)  Classified and nonclassified employees who are not designated as executive, administrative or professional as provided in this section and who are not included in the definition of paragraph (a) of this subsection or who are not designated as exempt under any other complete exemption in federal law shall be eligible for cash compensation or compensatory time off from duty for overtime work, subject to the restrictions of applicable federal law. Compensatory time off may be provided in lieu of cash compensation at the discretion of the appointing authority after consultation, in advance, with the employee. Compensatory time off shall be paid at the rate of one and one-half (1 1/2) hours for each overtime hour worked. Compensatory time off that has been earned during any one-half (1/2) fiscal year but not taken by the end of the succeeding one-half (1/2) fiscal year shall be paid in cash on the first payroll following the close of such succeeding one-half (1/2) fiscal year. Compensatory time not taken at the time of transfer to another appointing authority or upon separation from state service shall be liquidated at the time of such transfer or separation by payment in cash.

(e)  Notwithstanding the provisions of this section, employees may be paid for overtime work during a disaster or emergency with the approval of the board of examiners.

(4)  Cash compensation for overtime, when paid, shall be at one and one-half (1 1/2) times the hourly rate of that officer’s or employee’s salary or wage, except for those employees whose positions fall within the definitions of executive, administrative or professional as stated in section 67-5302, Idaho Code, who will be paid at their regular hourly rate of pay as provided for in subsection (3) of this section.

(5)  Except as provided for in subsection (3) of this section, compensation for authorized overtime work shall be made at the completion of the pay period next following the pay period in which the overtime work occurred and shall be added to the regular salary payment.

(6)  At the request of the administrator of the division of human resources, agencies in the executive department shall conduct a review and cooperate with the division of human resources to ensure all fair labor standards act requirements are appropriately implemented for all positions and provide the report to the division of human resources.

History:

[67-5328, added 1971, ch. 327, sec. 3, p. 1289; am. 1977, ch. 307, sec. 7, p. 866; am. 1986, ch. 133, sec. 6, p. 353; am. 2006, ch. 380, sec. 17, p. 1192; am. 2008, ch. 196, sec. 3, p. 623; am. 2022, ch. 112, sec. 11, p. 412; am. 2023, ch. 7, sec. 6, p. 22.]