Cash Overtime And/Or Accrual Of Compensatory Time

The Fair Labor Standards Act (FLSA) mandates that non-exempt employees receive additional compensation in certain circumstances. In addition, T.C.A. § 8-23-201 provides that additional compensation may be paid to certain state employees who work in excess of regularly scheduled hours at the direction of an appropriate manager. The Commissioner shall establish policy and procedures for administering overtime payments to include the following: (1) Exempt Non-Compensatory Time Employees. Employees defined as “exempt non- compensatory time” by the Commissioner shall not be eligible to receive any compensation for hours worked beyond their regular schedule. However, if an exempt non-compensatory time employee is scheduled to work on a legal holiday, the Appointing Authority may grant discretionary leave with pay equal to the hours worked on a legal holiday. (2) Exempt Employees. Employees defined as “exempt” by the FLSA may receive regular compensatory time for hours worked beyond their regular schedule provided that it was at the direction of the Appointing Authority or other appropriate supervisor or manager. The Commissioner shall determine the exempt classifications that are eligible for this regular compensatory time. Exempt employees may accumulate a maximum of four hundred and eighty (480) hours of regular compensatory time. Regular compensatory time is earned on an hour-for-hour basis and is distinct from premium compensatory time authorized by the FLSA. (3) Non-Exempt Employees. Employees defined as “non-exempt” by the FLSA shall receive premium compensation for all hours spent performing the principal duties assigned to them provided the assignment was at the direction of the Appointing Authority or other appropriate supervisor or manager. Non-public safety employees who are non-exempt may accumulate no more than two hundred and forty (240) hours of premium compensatory time. Their total compensatory time (regular and premium compensatory time) may not exceed four hundred and eighty (480) hours. Public safety employees who are non-exempt may accumulate a maximum of four hundred and eighty (480) hours of premium compensatory time. (4) Exceptions. Individual exceptions to this rule shall be recommended by the Appointing Authority and approved in advance by the Commissioner and the Commissioner of Finance and Administration. Such recommended exceptions shall be consistent with state and federal law and established after consultation with the Comptroller of the Treasury and the Attorney General’s Office.