Oklahoma 2023 Regular Session

Oklahoma House Bill HB2834 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2834 By: Deck
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40	40	AS INTRODUCED
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42	42	An Act relating to state government; providing for
43	43	rates of compensation for on -call state employees;
44	44	authorizing promulgation of rules; repealing 74 O.S.
45	45	2021, Section 840-2.29, which relates to compensation
46	46	for on-call classified state employees; providing for
47	47	codification; and providing an effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. NEW LAW A new section of law to be codified
56	56	in the Oklahoma Statutes as Section 840 -2.31 of Title 74, unless
57	57	there is created a duplication in numbering, reads as follows:
58	58	A. State agencies are authorized to pay an employee for the
59	59	periods of time when the emp loyee is in on-call status, off work
60	60	premises, but is required to remain at, near or able to return to
61	61	work when called upon. This shall be known as on -call pay.
62	62	B. State agencies shall identify job classes or individual
63	63	positions within the agency that are subject to on-call duty, based
64	64	on sound business need. Employees shall be notified in advance of
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91	91	being subject to on-call duty and shall be notified of any
92	92	restrictions on personal time the duty requires. Employees will be
93	93	informed as to how the duty will be compensated.
94	94	C. A classified state employee shall receive compensation for
95	95	the periods of time he or she is assigned on -call duty and enters
96	96	on-call status. For each day that an employee is in on -call status
97	97	during the normal workweek, an employ ee shall receive compensation
98	98	for one (1) regular work hour. For each day that an employee is in
99	99	on-call status during weekends and on holidays, an employee shall
100	100	receive compensation for two (2) regular work hours. This credit
101	101	shall be in addition to ac tual hours worked during normal duty hours
102	102	and actual hours worked during on -call duty. State agencies shall
103	103	not workweek-adjust employees for these hours.
104	104	D. Any hours earned and worked during on -call duty shall be
105	105	paid to the employee. Employees shall be paid hour for hour for
106	106	time worked during on -call service. An hour of on -call service
107	107	shall not be considered to be an hour worked during the week for
108	108	purposes of the Fair Labor Standards Act only to the extent required
109	109	by federal law.
110	110	E. The Office of Management and Enterprise Services shall
111	111	promulgate rules necessary to implement the provisions of this
112	112	section.
113	113	SECTION 2. REPEALER 74 O.S. 20 21, Section 840-2.29, is
114	114	hereby repealed.
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141	141	SECTION 3. This act shall become effective November 1, 2023.
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143	143	59-1-7076 LRB 01/02/23