SECTION 230:10-7-126. Determining and defining regular work hours, overtime hours, and payment rates for County Election Board employees

(a)   Regular work hours. A standard work week, as defined by the federal Fair Labor Standards Act, is 40 hours per week. The Secretary of the County Election Board establishes the regular work hours for each employee of the County Election Board and those work hours may total less than 40 hours per week. The Secretary shall require each County Election Board employee to maintain detailed time records that show the number of hours worked each day, both regular and overtime hours, and that indicate the entity or entities for which any overtime hours are worked.

(b)   Overtime hours. Overtime hours are all hours that an employee works in excess of his or her regular work hours. If an employee regularly works less than the standard 40-hour week, overtime hours in excess of the employee's regular work hours up to 40 hours per week are compensated at "straight time" - one hour of compensation paid for each hour worked. Overtime hours worked in excess of 40 hours per week are compensated at "time and a half" - one and one-half hours of compensation paid for each hour worked. However, before overtime can be paid at time and a half, the employee must be physically present at work for 40 full hours during the week. If there is a paid holiday or if the employee used any vacation time, sick leave, or compensatory time during the week in which the overtime hours were worked, the overtime cannot be paid at time and a half until the employee has been physically present at work for 40 hours during the week.

(c)   Adjusted Work Day. The Secretary is authorized to adjust an employee's work day as needed to accommodate election-related tasks. For example, if an employee's regular work day consists of six hours, the Secretary may require the employee to report for work either earlier or later than usual on election day to accommodate election duties, but as long as the employee works no more than six hours on that election day, no overtime is incurred. However, the Fair Labor Standards Act prohibits adjustments to an employee's work week that are intended to avoid the provisions of that Act. If an employee works more than his or her regular number of hours on any day during the week, a subsequent day during that week cannot be shortened solely for the purpose of avoiding overtime.

[Source: Added at 17 Ok Reg 2335, eff 7-1-00]