R477-8-7. Nonexempt Public Safety Personnel

  (1) To be considered for overtime compensation under this rule, a law enforcement or correctional officer shall meet the following criteria:

  (a) be a uniformed or plain clothes sworn officer;

  (b) be empowered by statute or local ordinance to enforce laws designed to maintain public peace and order, to protect life and property from accidental or willful injury, and to prevent and detect crimes;

  (c) have the power to arrest;

  (d) be POST certified or scheduled for POST training; and

  (e) perform over 80% law enforcement duties.

  (2) Agencies shall select one of the following maximum work hour thresholds to determine when overtime compensation is granted to law enforcement or correctional officers designated FLSA nonexempt and covered under this rule.

  (a) 171 hours in a work period of 28 consecutive days; or

  (b) 86 hours in a work period of 14 consecutive days.

  (3) Agencies shall select one of the following maximum work hour thresholds to determine when overtime compensation is granted to fire protection employees.

  (a) 212 hours in a work period of 28 consecutive days; or

  (b) 106 hours in a work period of 14 consecutive days.

  (4) Agencies may designate a lesser threshold in a 14 day or 28 day consecutive work period as long as it conforms to the following:

  (a) the Fair Labor Standards Act, Section 207(k);

  (b) 29 CFR 553.230;

  (c) the state's payroll period; and

  (d) the approval of the Executive Director, DHRM.