Senate Bill No. 499–Committee on Government Affairs
(On Behalf of Department of Personnel)
March 22, 1999
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Referred to Committee on Government Affairs
SUMMARY—Clarifies circumstances under which state employees who work variable work schedules or innovative work weeks are eligible for overtime and repeals certain obsolete provisions. (BDR 23-233)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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 and1-3
wage rates and classifications are necessary for an effective and efficient1-4
personnel system, the pay plan must set the official rates applicable to all1-5
positions in the classified service, but the establishment of the pay plan in1-6
no way limits the authority of the legislature relative to budgeted1-7
appropriations for salary and wage expenditures.1-8
2. Credit for overtime work directed or approved by the head of an1-9
agency or his representative must be earned at the rate of time and one-half,1-10
except for those employees described in NRS 284.148.1-11
3. Except as otherwise provided in subsections 4, 6 , 7 and1-12
overtime is considered time worked in excess of:1-13
(a) Eight hours in 1 calendar day;2-1
(b) Eight hours in any 16-hour period; or2-2
(c) A 40-hour week.2-3
4. Firemen who choose and are approved for a 24-hour shift shall be2-4
deemed to work an average of 56 hours per week and 2,912 hours per year,2-5
regardless of the actual number of hours worked or on paid leave during2-6
any biweekly pay period. A fireman so assigned is entitled to receive 1/262-7
of his annual salary for each biweekly pay period. In addition, overtime2-8
must be considered time worked in excess of:2-9
(a) Twenty-four hours in one scheduled shift; or2-10
(b) Fifty-three hours average per week during one work period for those2-11
hours worked or on paid leave.2-12
The appointing authority shall designate annually the length of the work2-13
period to be used in determining the work schedules for such firemen. In2-14
addition to the regular amount paid such a fireman for the deemed average2-15
of 56 hours per week, he is entitled to payment for the hours which2-16
comprise the difference between the 56-hour average and the overtime2-17
threshold of 53 hours average at a rate which will result in the equivalent of2-18
overtime payment for those hours.2-19
5. The director, with the approval of the commission, shall adopt2-20
regulations to carry out the provisions of subsection 4.2-21
6. For employees who choose and are approved for a variable2-22
workday, overtime will be considered only after working 40 hours in 12-23
week.2-24
2-25
7. Employees who are eligible under the Fair Labor Standards Act of2-26
1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour work schedule2-27
within a biweekly pay period2-28
approved for such a work schedule will be considered eligible for2-29
overtime only after working 80 hours biweekly.2-30
2-31
the approval of the head of the agency and after majority consent of the2-32
affected employees. The affected employees are eligible for overtime only2-33
after working 40 hours in the work week.2-34
2-35
contracts of employment for employees hired to work 24 hours a day in a2-36
home setting. Any future classification in which an employee will be2-37
required to work 24 hours a day in a home setting must be approved in2-38
advance by the commission.2-39
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authority or his designee. No officer or employee, other than a director of a2-41
department or the chairman of a board, commission or similar body, may2-42
authorize overtime for himself. The chairman of a board, commission or3-1
similar body must approve in advance all overtime worked by members of3-2
the board, commission or similar body.3-3
3-4
review all overtime worked by employees of the executive department to3-5
ensure that overtime is held to a minimum. The budget division shall report3-6
quarterly to the state board of examiners the amount of overtime worked in3-7
the quarter within the various agencies of the state.3-8
Sec. 2. NRS 284.270 and 284.275 are hereby repealed.3-9
Sec. 3. This act becomes effective on July 1, 1999.
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TEXT OF REPEALED SECTIONS284.270 Report of promotion by appointing authority. Each
3-12
appointing authority shall report to the director in writing from time to time3-13
upon the date of the official action in, or knowledge of, any promotion of a3-14
person in the public service. 284.275 Continued employment of employees in classified service3-16
on March 30, 1953.3-17
1. Employees holding positions in the classified service for 2 years or3-18
more immediately before March 30, 1953, must be continued in their3-19
respective positions without further examination, until separated from their3-20
positions as provided by law. The director shall survey the qualifications of3-21
all such employees and shall report the results of the survey to the proper3-22
appointing authorities.3-23
2. Nothing in this section precludes the reclassification or reallocation3-24
as provided by this chapter of any position held by any such incumbent.3-25
3. The provisions of this section apply to any employee holding a3-26
position in the classified service and who is separated therefrom in3-27
accordance with the provisions for leave of absence set forth in this3-28
chapter.~