Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER07-31: Overtime Compensation.
SUMMARY: This emergency rule sets forth the provisions for compensation for employees filling included positions and OPS employees performing similar duties and for employees filling excluded positions other than those in Executive Management.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER07-31 Overtime Compensation.

(1) Employees filling included positions and OPS employees performing similar duties shall be paid for overtime. Overtime payments shall be computed at a rate of one and one-half (1 1/2) times the employee’s regular hourly rate for hours of work, excluding holidays and leave, in excess of forty (40) in a workweek or in excess of the number of hours in an extended work period. An employee shall work overtime hours only as authorized by management.

(2) Employees filling excluded positions, other than those in Executive Management, shall accrue regular compensatory time on an hour for hour basis for all hours of work in excess of forty (40) hours in the workweek or in excess of the number of hours in an extended work period, excluding holidays and leave, which are performed at the request of management. An employee shall not accrue more than one hundred sixty (160) regular compensatory hours in a fiscal year. All hours in excess of one hundred twenty (120) on July 1 of each fiscal year shall be forfeited, unless a waiver has been approved pursuant to subsection 53ER07-30(4), F.A.C., Overtime/Compensation for Excess Hours of Work.

(3) This emergency rule shall replace Rule 53ER05-53, Overtime Compensation.

Specific Authority 24.105(9)(j) FS. Law Implemented 24.105(19)(d) FS. History–New 5-7-07, Replaces 53ER05-53, F.A.C.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: May 7, 2007