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Administrative Rules

CHAPTER 55:09:05

 

OVERTIME WORK AND COMPENSATION

Section

55:09:05:01        Overtime administration.

55:09:05:02        Salaried employees not eligible for overtime payment.

55:09:05:03        Inconvenience pay.

55:09:05:04        Hours worked.




Rule 55:09:05:01 Overtime administration.

          55:09:05:01.  Overtime administration. An appointing authority may prescribe periods of overtime work to meet operational needs. Complete records of overtime payments and compensatory time of employees shall be maintained in each department.

 

          Source: 39 SDR 99, effective December 3, 2012; 41 SDR 58, effective October 14, 2014.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 




Rule 55:09:05:02 Salaried employees not eligible for overtime payment.

          55:09:05:02.  Salaried employees not eligible for overtime payment. A salaried employee is not eligible for additional compensation based on hours worked over 40 hours a week.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 




Rule 55:09:05:03 Inconvenience pay.

          55:09:05:03.  Inconvenience pay. An employee who is not salaried and who has left the normal place of work for the employee's residence and is unexpectedly required to return to work prior to the start of the next regular shift is guaranteed a minimum of three hours pay regardless of hours actually worked.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 




Rule 55:09:05:04 Hours worked.

          55:09:05:04.  Hours worked. For the purpose of calculating overtime pay, hours worked shall be actual working time. Vacation leave, sick leave, military leave, court and jury leave, and holidays may not be used in computation of overtime pay.

 

          Source: 39 SDR 99, effective December 3, 2012.

          General Authority: SDCL 3-6D-11.

          Law Implemented: SDCL 3-6D-11.

 

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