Section 389-5-4 - REQUIREMENT OF AGENCY COMPENSATION PLANS AND PRACTICESA. Regular Hours of Work. 1. Each appointing authority shall, within 60 days of the effective date of these rules, prepare and submit to the Director of Human Resources for approval a schedule of the regular hours of work for each class of position in each organizational unit under his/her jurisdiction.2. Such schedule shall, insofar as operational necessities permit, establish a work week of no less than 40 hours.3. Where such schedules establish a work week in excess of forty (40) hours for an employee or employees in any class of positions not exempted on basis of non-standard or professional, technical or administrative designation, the Director of Human Resources shall consider the need for, and may authorize the compensation of such employee or employees on an overtime basis. Such extended work weeks shall be reported and justified as requested by the Director.4. Upon the approval of work schedules by the Director of Human Resources, the appointing authority shall post or otherwise distribute to employees under his jurisdiction such schedules.B. Overtime Provisions 1. The employment and work program of each agency or organizational unit should be so arranged as to reduce to a minimum the necessity for overtime work except under emergency conditions; and2. Each appointing authority requiring or permitting work beyond the scheduled regular work week shall prepare written regulations governing such overtime which shall include the following: a. Conditions under which compensatory time off may be accrued, and used, including the policies to be followed at the time an employee is separated from service; andb. Conditions under which cash payment for overtime is authorized; andc. Conditions under which neither compensatory time off nor overtime payment in cash will be allowed.3. Such regulations governing overtime shall be effective when approved by the Director of Human Resources and shall remain in effect until canceled in writing by the appointing authority or the Director.4. The appointing authority shall post or distribute copies of regulations so approved in order to inform affected employees.5. Overtime work required shall be reported and justified as requested by the Director of Human Resources.C. Overtime Compensation Guidelines 1. Eligible employees shall be compensated for authorized overtime by equal time off or by payment in cash at the straight time rate.2. Compensation for overtime work shall be at rates which the Director of Human Resources deems advisable and these rates shall be based on the regular rates of pay provided in the salary plan.3. Only such hours shall be compensated as are worked in excess of a forty (40) hour work week.4. No compensatory time off or cash payment for overtime work ordered by the appointing authority or voluntarily performed by an employee shall be allowed unless regulations are effective as provided under Section 4B of this chapter.5. Approved overtime accumulated in any calendar year shall ordinarily be liquidated by compensatory time off or, if such action is not practicable, by payment in cash, within six months after the end of the calendar year, upon approval by the Director of Human Resources and certification by the State Budget Officer that funds are available.6. Employees who occupy professional, technical, and administrative positions specified by the Director of Human Resources shall not be eligible for overtime compensation.7. Employees whose work week under normal conditions of employment is irregular and who are compensated on the basis of a "non-standard" work week, as specified by the Director of Human Resources and identified in the Salary Schedule, shall not be eligible for credit and granting of overtime compensation.8. Complete records of overtime shall be maintained by each department head and no additional overtime will he allowed when accrual for time off purposes has reached eighty (80) hours, until such accrual shall have been reduced by time off or by payment in cash.9. No allowance of any kind shall he provided for overtime work not authorized by the appointing authority or his properly constituted representative. NOTE: In 1974, the provisions of the Fair Labor Standards Act (FLSA) governing the payment of time and one-half rate for overtime work were extended to include state employees. The Supreme Court of the United States, in 1976, ruled this provision of the Act unconstitutional, and States were no longer obligated to compensate overtime hours at the time and one-half rate. The Personnel Board, however, ruled that it was in the best interest of the State to retain FLSA definitions/provisions governing overtime hours and continued the practice of paying time and one-half rates for overtime worked. Thus, these provisions, including exemption determinations under FLSA (classes ruled to meet definition of Executive, Administrative or Professional) remain in effect together with these rules.
18- 389 C.M.R. ch. 5, § 4