Fla. Admin. Code Ann. R. 60L-34.0031 - Regular Time and Overtime

(1) Agencies shall pay the following at the employee's current straight time hourly regular rate of pay: the first 40 hours of work; hours in an approved extended work period; and hours in the regular work period for excluded employees, including holidays, leave with pay, and any other non-work time for which the employee is paid during these designated periods.

(2) Agencies shall refer to the FLSA regarding what constitutes compensable hours of work.

(3) Employees filling excluded positions in the selected exempt service and the senior management service are expected to work the necessary hours required, and shall not be paid overtime unless required by law or otherwise approved by the Department.

(4) In lieu of overtime payment, an employee in an included position who is eligible for overtime may, if agreed by the employee and the agency, waive cash payment for overtime, and the agency shall credit FLSA compensatory time as follows:

(a) At the end of the workweek or extended period, credit all overtime hours designated as FLSA compensatory time at the rate of one and one-half hours credit for each hour of overtime worked.

(b) Allow the employee to use the credits in increments agreed by the employee and the supervisor. Absent agreement, the supervisor may, with a minimum of five workdays notice, require the employee to use the credits at any time in increments of full workdays.

(c) The agency may allow the accrual and payment of FLSA compensatory leave credits on a biannual or annual basis. The agency shall report in writing to the Department the payment dates they have adopted.

1. An employee accruing and receiving payment biannually shall be allowed to accumulate a maximum of 80 hours of credits. At the close of business on December 31 and June 30 of each year, or two other biannual dates approved by the Department, the agency shall pay the employee for all unused credits at the employee's current straight time regular hourly rate of pay, in accordance with the FLSA.

2. An employee accruing and receiving payment annually shall be allowed to accumulate a maximum of 160 hours of credits. At the close of business on December 31 of each year, or on another annual date approved by the Department, the agency shall pay the employee for all unused credits at the employee's current straight time regular hourly rate of pay, in accordance with the FLSA.

(d) If the employee separates from the agency or moves to an excluded position with accumulated credits, pay the employee for all unused credits at the employee's current straight time regular hourly rate of pay or the rate in effect when the leave was accrued, whichever is greater, in accordance with the FLSA.

(5) Unless otherwise provided in an applicable collective bargaining agreement, when a Career Service employee is on-call pursuant to Chapter 60L-32, F.A.C., and is called back to the assigned or other designated work location beyond the employee's scheduled hours of work for that day, the employee shall be credited with actual time worked or a minimum of two hours of work, whichever is greater. Only the actual time worked during the call back shall be counted as hours worked for the purposes of computing overtime compensation.

Notes

Fla. Admin. Code Ann. R. 60L-34.0031

Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS.

New 1-22-02, Amended 11-5-13.

New 1-22-02, Amended 11-5-13.