The Fair Labor Standards Act (FLSA) mandates that non-exempt
employees receive additional compensation in certain circumstances. In
addition, T.C.A. §
8-23-201 provides that additional
compensation may be paid to certain state employees who work in excess of
regularly scheduled hours at the direction of an appropriate manager. The
Commissioner shall establish policy and procedures for administering overtime
payments to include the following:
(1)
Exempt Non-Compensatory Time Employees. Employees defined as "exempt
noncompensatory time" by the Commissioner shall not be eligible to receive any
compensation for hours worked beyond their regular schedule. However, if an
exempt non-compensatory time employee is scheduled to work on a legal holiday,
the Appointing Authority may grant discretionary leave with pay equal to the
hours worked on a legal holiday.
(2) Exempt Employees. Employees defined as
"exempt" by the FLSA may receive regular compensatory time for hours worked
beyond their regular schedule provided that it was at the direction of the
Appointing Authority or other appropriate supervisor or manager. The
Commissioner shall determine the exempt classifications that are eligible for
this regular compensatory time. Exempt employees may accumulate a maximum of
four hundred and eighty (480) hours of regular compensatory time. Regular
compensatory time is earned on an hour-for-hour basis and is distinct from
premium compensatory time authorized by the FLSA.
(3) Non-Exempt Employees. Employees defined
as "non-exempt" by the FLSA shall receive premium compensation for all hours
spent performing the principal duties assigned to them provided the assignment
was at the direction of the Appointing Authority or other appropriate
supervisor or manager. Non-public safety employees who are non-exempt may
accumulate no more than two hundred and forty (240) hours of premium
compensatory time. Their total compensatory time (regular and premium
compensatory time) may not exceed four hundred and eighty (480) hours. Public
safety employees who are non-exempt may accumulate a maximum of four hundred
and eighty (480) hours of premium compensatory time.
(4) Exceptions. Individual exceptions to this
rule shall be recommended by the Appointing Authority and approved in advance
by the Commissioner and the Commissioner of Finance and Administration. Such
recommended exceptions shall be consistent with state and federal law and
established after consultation with the Comptroller of the Treasury and the
Attorney General's Office.
Notes
Tenn. Comp. R. & Regs. 1120-06-.04
(For history
prior to January 2, 1988 see pages 1-2 of the Introduction at the beginning of
the chapters.) Repeal and new rule filed November 18, 1987; effective January
2, 1988. Repeal and new rule filed December 14, 2010; effective May 31, 2011.
Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments
filed February 7, 2017; effective 5/8/2017.
Authority: T.C.A. §§
8-23-201, 8-30-104, 8-30-105,
8-30-208, and
29 U.S.C. §
201, et seq.
