No. 30059: R477-8. Working Conditions

DAR File No.: 30059
Filed: 06/09/2007, 11:08
Received by: NL

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:

The Department of Health (DOH) and the Department of Human Services (DHS) human resource staffs recommended language that allows excess hours earned to be used the same as compensatory hours instead of annual leave hours. The DHS human resource staff also requested that the approval process for completing and signing time sheets be placed in rule to show that management did not authorize overtime. DHS also requested that language be placed in rule defining an employee's right to be given time to vote in an election in certain circumstances consistent with Section 20A-3-103. This was adopted.

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 having experienced already two lawsuits on these matters in the past 20 years. 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 from DHS and DOH was not implemented because compensatory hours are not a property right for FLSA-exempt employees whereas annual leave hours are a property right. This recommendation confuses this distinction. The request from DHS concerning time sheets was not adopted because this is not consistent with the FLSA.

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:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director