23-391. Overtime pay; workweek

422 words·~2 min read·/az/title-23/23-391

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Subject to availability of appropriated monies, an employee of this state or any political subdivision who serves in a position determined by the law enforcement merit system council, the director of the department of administration, the Arizona board of regents, the board of directors for the Arizona state schools for the deaf and the blind or the governing body of a political subdivision, in the discretion of the board or body, to be eligible for overtime compensation and who is required to work in excess of the person's normal workweek shall be compensated for the excess time at the following rates:

1. One and one-half times the regular rate at which the person is employed or one and one-half hours of compensatory time off for each hour worked if overtime compensation is mandated by federal law.

2. If federal law does not mandate overtime compensation, the regular rate of pay or compensatory leave on an hour-for-hour basis at the discretion of the board or governing body.

B. Notwithstanding subsection A of this section, this state or a political subdivision may provide, by action of the law enforcement merit system council, the Arizona board of regents, the board of directors for the Arizona state schools for the deaf and the blind or the director of the department of administration in the case of this state or of the governing body of the political subdivision, for a workweek of forty hours in less than five days for certain classes of employees employed by this state or the political subdivision.

C. For state agencies of the state personnel system, unless otherwise provided by law, the state workweek is the period of seven consecutive days starting Saturday at 12:00 a.m. and ending Friday at 11:59 p.m. Notwithstanding any other law, the director of the department of administration may authorize a workday, for the method and purpose of recording time entries to be included in a workweek and a pay period for employees of this state who are in the correctional officer class series of the state department of corrections or who are employed at the Arizona state hospital and who are regularly scheduled to work a shift that spans two calendar days, defined as the day a majority of the hours are regularly scheduled to be worked.

If the regularly scheduled hours are equally split between two calendar days, the workday is defined as the day the shift ends. Scheduled shift start and end times shall not be adjusted to avoid the payment of overtime.