No. 35828 (5-year Review): Rule R477-8. Working Conditions

DAR File No.: 35828
Filed: 02/02/2012 03:07:29 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule addresses state and federal laws that require implementation through rule for clarification or administrative purposes. The Fair Labor Standards Act (FLSA) and the regulations associated with it in 29 CFR parts 500-899 (1996) require conformance by employers and provide for certain degrees of flexibility that must be addressed in rule. Section 67-19-6.7 defines overtime benefits for state employees in addition to the FLSA and requires rulemaking by the Department of Human Resource Management (DHRM). Section 67-19-6 provides broad rulemaking authority for DHRM and is the legal provision for all other sections of this rule.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Utah Public Employees' Association (UPEA) requested to change involuntary work relocation from 50 miles to 30 miles. Department of Administrative Services, Division of Risk Management, recommended changes to temporary transitional assignments that would make the rule read more consistently with Risk management rules. Many state employees commented on a new rule regarding exercise release time. Several state employees commented on a new breast milk accommodation rule, requesting broader and more extensive provisions.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The FLSA provisions in this rule are essential to the proper management of the state's human resource management system. Without them, the state faces serious and costly legal liability. These include the subsections dealing with work period, lunch and breaks, and overtime. Other subsections are common but important provisions covering employee obligations to the state as the principle employer. Therefore, this rule should be continued. The recommendation to change relocation distance was not implemented because this references a Division of Finance rule (Section R25-6-3), which further is dependent upon IRS guidelines. Department of Administrative Services, Division of Risk Management, recommendations were implemented. The exercise release time rule was modified to assure reasonable practice and agency flexibility. Breast milk accommodations were not extended beyond the minimum requirements of federal law.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director

Effective:

02/02/2012

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