Section Per 903.03 - Compensation(a) If an employee is required to work overtime, the appointing authority shall compute overtime compensation at the employee's regular rate of pay, unless the rate of the position assigned is higher, in which case the employee shall receive the higher rate.(b) If an employee works overtime in a position with a lower rate of pay, the appointing authority shall compute the employee's overtime at one of the following rates: (1) If the employee is required by the appointing authority to work overtime in the lower position, the appointing authority shall compute the employee's overtime at the employee's regular rate; and(2) If the employee volunteers for overtime work in a position at the lower rate of pay, the appointing authority shall compute overtime at the lower rate.(c) If the basic workweek is 37 1/2 hours, the appointing authority shall pay overtime for the first 2 1/2 hours at straight time, except that the appointing authority may give those professional or supervisory employees exempt from the overtime provisions of the Federal Fair Labor Standards Act compensatory time in lieu of cash payment for any overtime.(d) If the basic workweek is 40 hours, the appointing authority shall pay an employee overtime pay at the rate of time and one half except for those employees who are exempt from the overtime provisions of the Federal Fair Labor Standards Act.(e) If the basic workweek is 37 1/2 hours, the appointing authority shall pay nonexempt employees the first 2 1/2 hours beyond 37 1/2 hours at the employee's regular rate, and any hours above 40 at the rate of time and one half.(f) Except as otherwise provided in (h), all hours that an employee is on pay status shall constitute time worked for the purpose of determining the workweek required to establish eligibility for overtime compensation.(g) An employee shall not be allowed to pyramid or otherwise duplicate compensation by accumulating overtime, holiday, or any other premium pay.(h) Hours compensated while on authorized overtime in accordance with RSA 99-B and RSA 99-Cshall not constitute time worked.N.H. Admin. Code § Per 903.03
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.