1. (1) To be considered for overtime compensation under this rule, a law enforcement or correctional officer shall:

   1. (a) meet the requirements of 29 CFR 553.211(a) or (f);
   2. (b) be POST certified or scheduled for POST training; and
   3. (c) perform over 80% law enforcement duties.

2. (2) For employees of the Department of Natural Resources, management shall select one of the following maximum work hour thresholds to determine when overtime compensation is granted to law enforcement or correctional officers designated FLSA non-exempt and covered under this rule:

   1. (a) 171 hours in a work period of 28 consecutive days; or
   2. (b) 86 hours in a work period of 14 consecutive days.

3. (3) Management shall select one of the following maximum work hour thresholds to determine when overtime compensation is granted to law enforcement of correctional officers designated FLSA non-exempt and covered under this rule:

   1. (a) 160 hours in a work period of 28 consecutive days; or
   2. (b) 80 hours in a work period of 14 consecutive days.

4. (4) Management shall select one of the following maximum work hour thresholds to determine when overtime compensation is granted to fire protection employees:

   1. (a) 212 hours in a work period of 28 consecutive days; or
   2. (b) 106 hours in a work period of 14 consecutive days.

5. (5) Management may designate a lesser threshold in a 14 day or 28 day consecutive work period as long as it conforms to the following:

   1. (a) Section 207(k), Fair Labor Standards Act;
   2. (b) 29 CFR 553.230;
   3. (c) the state's payroll period; and
   4. (d) the approval of the DHRM Division Director.

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