(1) An FLSA non-exempt employee shall sign a prior overtime agreement authorizing management to compensate the employee for overtime worked by actual payment or accrual of compensatory time at time and one-half.
- (a) An FLSA non-exempt employee may receive compensatory time for overtime up to a maximum of 80 hours. Only with prior approval of the DHRM Division Director may compensatory time accrue up to 240 hours for regular employees or up to 480 hours for peace or correctional officers, emergency, or seasonal employees. Once an employee reaches the maximum, management shall pay any additional overtime on the payday for the period in which it was earned.
(b) Management shall pay compensatory time balances for an FLSA non-exempt employee down to zero at the rate of pay in the old position in the same pay period that the employee is:
- (i) transferred from one agency to a different agency; or
- (ii) promoted, reclassified, reassigned, or transferred to an FLSA exempt position.
- (c) Management may pay down any portion of compensatory time balances for FLSA non-exempt employees at any time.
KEY: breaks, telecommuting, overtime, dual employment
Date of Last Change: January 21, 2026
Notice of Continuation: March 9, 2022
Authorizing, and Implemented or Interpreted Law: 34A-2-114; 63A-17-106; 63A-17-602; 20A-3-103