Okla. Stat. tit. 74, § 74-840-2.15
This is the official text of Okla. Stat. tit. 74, § 74-840-2.15, part of Oklahoma’s Stat. tit. 74, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 74,." Browse the sections below, each linked to its official government source.
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Overtime, holiday and compensatory time
Official statutory text
A. The federal Fair Labor Standards Act, 29 U.S.C., Section
201, et seq., provides for minimum standards for overtime
entitlement, and spells out administrative procedures by which
covered work time must be compensated. This section is not a
comprehensive listing of the provisions of the Fair Labor Standards
Act and regulations promulgated thereunder, and is not intended to
conflict with either the Act or the regulations. No agency, board,
commission, department, institution, bureau, executive officer or
other entity of the executive branch shall exceed the minimum
overtime entitlement provisions of the Fair Labor Standards Act and
regulations promulgated thereunder except as herein provided.
B. Nothing in this title or the federal Fair Labor Standards
Act shall be construed to prohibit an employer from paying an
employee who is required to work on a holiday, as defined in Section
82.1 of Title 25 of the Oklahoma Statutes, for such work at a rate
of two times the employee's regular hourly rate, or from
rescheduling the holiday at the discretion of the appointing
authority; provided, however, any state employee who is required to
work on a holiday, as defined in Section 82.1 of Title 25 of the
Oklahoma Statutes, in the performance of fire suppression duties
shall receive holiday pay at a rate of two times the employee's
regular hourly rate.
C. Any employee receiving compensatory time consistent with the
provisions of the federal Fair Labor Standards Act shall exhaust
such compensatory time prior to the taking of annual leave, except
where the employee is subject to losing such annual leave due to the
application of the accumulation limits in Section 840-2.20 of this
title.
D. An employee receiving compensatory time under the provisions
of subsection A of this section shall be permitted to use accrued
compensatory time within one hundred eighty (180) days, except as
provided in subsection E of this section, following the day on which
it was accrued, provided the taking of compensatory time does not
unduly impact agency operations or the health, safety or welfare of
the public, or endanger public property. The balance of any unused
compensatory time received but not taken during this time period, if
payable, shall be paid to the employee at the employee's current
regular hourly rate.
E. Following an emergency declaration as described in Section
683.8 of Title 63 of the Oklahoma Statutes, the accumulation limits
for compensatory time shall temporarily increase and shall carryover
Oklahoma Statutes - Title 74. State Government Page 520
to the end of the fiscal year following the year in which the
emergency declaration ended.
All compensatory time that accrued or expired during the period
of the emergency declarations issued by the Governor in 2020 and
2021 in response to the novel coronavirus (COVID-19) shall carry
over to the end of the fiscal year following the year in which the
emergency declaration ended. Expired compensatory time governed by
this subsection shall be reinstated as of the effective date of this
act, and accumulation limits for compensatory time shall not apply
to amounts accrued or reinstated pursuant to this subsection.
Eligibility for reinstatement of compensatory time is limited to
employees currently employed by the State of Oklahoma on the
effective date of this act.
201, et seq., provides for minimum standards for overtime
entitlement, and spells out administrative procedures by which
covered work time must be compensated. This section is not a
comprehensive listing of the provisions of the Fair Labor Standards
Act and regulations promulgated thereunder, and is not intended to
conflict with either the Act or the regulations. No agency, board,
commission, department, institution, bureau, executive officer or
other entity of the executive branch shall exceed the minimum
overtime entitlement provisions of the Fair Labor Standards Act and
regulations promulgated thereunder except as herein provided.
B. Nothing in this title or the federal Fair Labor Standards
Act shall be construed to prohibit an employer from paying an
employee who is required to work on a holiday, as defined in Section
82.1 of Title 25 of the Oklahoma Statutes, for such work at a rate
of two times the employee's regular hourly rate, or from
rescheduling the holiday at the discretion of the appointing
authority; provided, however, any state employee who is required to
work on a holiday, as defined in Section 82.1 of Title 25 of the
Oklahoma Statutes, in the performance of fire suppression duties
shall receive holiday pay at a rate of two times the employee's
regular hourly rate.
C. Any employee receiving compensatory time consistent with the
provisions of the federal Fair Labor Standards Act shall exhaust
such compensatory time prior to the taking of annual leave, except
where the employee is subject to losing such annual leave due to the
application of the accumulation limits in Section 840-2.20 of this
title.
D. An employee receiving compensatory time under the provisions
of subsection A of this section shall be permitted to use accrued
compensatory time within one hundred eighty (180) days, except as
provided in subsection E of this section, following the day on which
it was accrued, provided the taking of compensatory time does not
unduly impact agency operations or the health, safety or welfare of
the public, or endanger public property. The balance of any unused
compensatory time received but not taken during this time period, if
payable, shall be paid to the employee at the employee's current
regular hourly rate.
E. Following an emergency declaration as described in Section
683.8 of Title 63 of the Oklahoma Statutes, the accumulation limits
for compensatory time shall temporarily increase and shall carryover
Oklahoma Statutes - Title 74. State Government Page 520
to the end of the fiscal year following the year in which the
emergency declaration ended.
All compensatory time that accrued or expired during the period
of the emergency declarations issued by the Governor in 2020 and
2021 in response to the novel coronavirus (COVID-19) shall carry
over to the end of the fiscal year following the year in which the
emergency declaration ended. Expired compensatory time governed by
this subsection shall be reinstated as of the effective date of this
act, and accumulation limits for compensatory time shall not apply
to amounts accrued or reinstated pursuant to this subsection.
Eligibility for reinstatement of compensatory time is limited to
employees currently employed by the State of Oklahoma on the
effective date of this act.
Status: in_force · Read it on the official government site
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