STATE OF NEW YORK
________________________________________________________________________
1989
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sens. JACKSON, HARCKHAM, HOYLMAN-SIGAL, RAMOS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Civil Service and Pensions
AN ACT to amend the civil service law, in relation to ensuring the
payment of overtime due and owing for services rendered to combat the
COVID-19 pandemic
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 134 of the civil service law, as
2 amended by chapter 87 of the laws of 1972, is amended to read as
3 follows:
4 4. The director of the budget shall promulgate, and may from time to
5 time amend or rescind, rules and regulations for carrying into effect
6 the provisions of this section. Such rules and regulations, among other
7 things, may classify and define positions and employments for the
8 purposes of this section, and otherwise provide appropriate formulas for
9 determining overtime compensation as herein provided and provide that
10 for the purpose of computing overtime compensation pursuant to this
11 section, members of the state police in any title or individual position
12 or positions shall be considered to have worked a minimum of four hours
13 each time they are recalled to work overtime after having completed
14 their scheduled work period and left their scheduled work station or
15 shall be considered to have worked a minimum of two hours each time they
16 are scheduled to return and return to duty to work overtime for the
17 purpose of making an appearance in court in their official capacity
18 after having completed their scheduled work period and left their sched-
19 uled work station; and provide that for the purpose of computing over-
20 time compensation pursuant to this section, employees in any title or
21 individual position or positions shall be considered to have worked a
22 minimum of one-half day each time they are recalled to work overtime
23 after having completed their scheduled work period and left their sched-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05379-01-3
S. 1989 2
1 uled work station. Such rules and regulations may exclude any title or
2 individual position or positions, when the nature of the duties
3 performed or the difficulty of maintaining adequate time controls makes
4 it impracticable to apply to such title or individual position or posi-
5 tions the provisions of this section which prescribe a work week for
6 basic salary and provide for overtime compensation, provided, however,
7 that for employees in the classified service performing services during
8 a declared disaster emergency authorized pursuant to section twenty-
9 eight of the executive law, the director of the division of the budget
10 shall direct the payment of any overtime compensation due and owing for
11 services rendered for both mandated and volunteer overtime service at
12 the employee's normal salary rate or the salary rate for the title or
13 position in which such overtime services were rendered and reported,
14 whichever is higher.
15 § 2. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after March 7, 2020.
