SUMMARY--Revises provisions governing payment for overtime in classified service of state. (BDR 23-435)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to state personnel; revising the provisions governing the payment for overtime in the classified service of the state; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 284.180 is hereby amended to read as follows:
284.180 1. The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by the head of an agency or his representative must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.
3. Except as otherwise provided in subsections 4, 6 and 8, overtime is considered time worked in excess of:
(a) [Eight hours in 1 calendar day;
(b)] Eight hours in any 16-hour period; or
[(c)] (b) A 40-hour week.
4. Firemen who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A fireman so assigned is entitled to receive 1/26 of his annual salary for each biweekly pay period. [In addition, overtime] Overtime for a fireman must be considered time worked in excess of:
(a) Twenty-four hours in one scheduled shift; or
(b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.
The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firemen. In addition to the regular amount paid [such] to a fireman for the deemed average of 56 hours per week, he is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.
5. The director, with the approval of the commission, shall adopt regulations to carry out the provisions of subsection 4.
6. [For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week. For employees who choose and] Except as otherwise provided in subsection 4, for employees of a law enforcement agency and firemen who are approved for a variable 80-hour work schedule within a biweekly pay period, overtime will be considered [only after working] time worked in excess of 80 hours biweekly.
7. An agency may experiment with innovative work weeks upon the approval of the head of the agency and after majority consent of the affected employees.
8. This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the commission.
9. All overtime must be approved in advance by the appointing authority or his designee. No officer or employee, other than a director of a department or the chairman of a board, commission or similar body, may authorize overtime for himself. The chairman of a board, commission or similar body [must] shall approve in advance all overtime worked by members of the board, commission or similar body.
10. The budget division of the department of administration shall review all overtime worked by employees of the executive department to ensure that overtime is held to a minimum. The budget division shall report quarterly to the state board of examiners the amount of overtime worked in the quarter within the various agencies of the state.
Sec. 2. This act becomes effective on July 1, 1997.