53ER07-30: Overtime/Compensation for Excess Hours of Work
SUMMARY: This emergency rule establishes the classifications and clarifies overtime for included and excluded positions.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011
THE FULL TEXT OF THE EMERGENCY RULE IS:
53ER07-30 Overtime/Compensation for Excess Hours of Work.
(1) Each classification shall be designated as included or excluded.
(a) For included positions, overtime is defined as hours of work, excluding holidays and leave, in excess of forty (40) hours during the established workweek, or in excess of the number of hours in an extended work period.
(b) For excluded positions, hours of work, excluding holidays and leave, in excess of forty (40) hours during the established workweek, or in excess of the number of hours in an extended work period shall be compensated as described in subsections (4) through (6) below.
(2) An employee who is filling an included position shall be paid for all overtime at a rate which is one and one-half (11/2) times the employees regular hourly rate of pay.
(3) Payment for overtime shall be made immediately following the pay period during which the overtime was worked.
(4) An employee who is filling an excluded position, other than an executive management position, shall accrue regular compensatory leave credits on an hour for hour basis for all hours required to be worked in excess of forty (40) hours in the workweek or in excess of the number of hours in an extended work period. An employee shall not accrue in excess of one hundred sixty (160) regular compensatory leave credits in a fiscal year. All regular compensatory leave credits in excess of one hundred twenty (120) hours will be forfeited on July 1, unless a waiver has been approved by the Secretary. The conditions under which the Secretary shall approve a waiver are:
(a) The employees workload has prevented the employee from utilizing the excess compensatory leave credits; and
(b) The excess compensatory leave credits are earned within the sixty (60) day period prior to July 1.
(5) No cash payment shall be made to an employee filling an excluded position for unused regular compensatory leave credits. However, holiday compensatory leave credits can be accrued in addition to any regular compensatory leave credits, and if such employee separates from employment with the Lottery or joins Lottery Executive Management prior to being granted such leave, the employee shall be paid for all unused holiday compensatory leave credits in accordance with the provisions of this chapter.
(6) When an employee moves from a position in a class requiring the granting of regular compensatory leave credits to any other position in the Lottery, any unused regular compensatory leave credits shall be transferred.
(7) This emergency rule shall replace Rule 53ER05-52, F.A.C., Overtime/Compensation for Excess Hours of Work.
Specific Authority 24.105(9)(j) FS. Law Implemented 24.105(19)(d) FS. HistoryNew 5-7-07, Replaces 53ER05-52, F.A.C.
