A. The federal Fair Labor Standards Act, 29 U.S.C., Section 201, et seq., provides for minimum standards for overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. This section is not a comprehensive listing of the provisions of the Fair Labor Standards Act and regulations promulgated thereunder, and is not intended to conflict with either the Act or the regulations. No agency, board, commission, department, institution, bureau, executive officer or other entity of the executive branch shall exceed the minimum overtime entitlement provisions of the Fair Labor Standards Act and regulations promulgated thereunder except as herein provided.
B. Nothing in this title or the federal Fair Labor Standards Act shall be construed to prohibit an employer from paying an employee who is required to work on a holiday, as defined in Section 82.1 of Title 25 of the Oklahoma Statutes, for such work at a rate of two times the employee's regular hourly rate, or from rescheduling the holiday at the discretion of the appointing authority; provided, however, any state employee who is required to work on a holiday, as defined in Section 82.1 of Title 25 of the Oklahoma Statutes, in the performance of fire suppression duties shall receive holiday pay at a rate of two times the employee's regular hourly rate.
C. Any employee receiving compensatory time consistent with the provisions of the federal Fair Labor Standards Act shall exhaust such compensatory time prior to the taking of annual leave, except where the employee is subject to losing such annual leave due to the application of the accumulation limits in Section 840-2.20 of this title.
D. An employee receiving compensatory time under the provisions of subsection A of this section shall be permitted to use accrued compensatory time within one hundred eighty (180) days, except as provided in subsection E of this section, following the day on which it was accrued, provided the taking of compensatory time does not unduly impact agency operations or the health, safety or welfare of the public, or endanger public property. The balance of any unused compensatory time received but not taken during this time period, if payable, shall be paid to the employee at the employee's current regular hourly rate.
E. Following an emergency declaration as described in Section 683.8 of Title 63 of the Oklahoma Statutes, the accumulation limits for compensatory time shall temporarily increase and shall carryover to the end of the fiscal year following the year in which the emergency declaration ended.
All compensatory time that accrued or expired during the period of the emergency declarations issued by the Governor in 2020 and 2021 in response to the novel coronavirus (COVID-19) shall carry over to the end of the fiscal year following the year in which the emergency declaration ended. Expired compensatory time governed by this subsection shall be reinstated as of the effective date of this act, and accumulation limits for compensatory time shall not apply to amounts accrued or reinstated pursuant to this subsection. Eligibility for reinstatement of compensatory time is limited to employees currently employed by the State of Oklahoma on the effective date of this act.
Added by Laws 1990, c. 204, § 7, emerg. eff. May 10, 1990. Renumbered from § 840.16d of this title by Laws 1994, c. 242, § 54. Amended by Laws 2005, c. 176, § 2, eff. July 1, 2005; Laws 2006, c. 212, § 1, eff. July 1, 2006; Laws 2010, c. 286, § 2, eff. Nov. 1, 2010; Laws 2021, c. 333, § 1, eff. Nov. 1, 2021; Laws 2021, c. 438, § 2, emerg. eff. May 7, 2021.