Req. No. 7076 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2834 By: Deck
AS INTRODUCED
An Act relating to state government; providing for
rates of compensation for on -call state employees;
authorizing promulgation of rules; repealing 74 O.S.
2021, Section 840-2.29, which relates to compensation
for on-call classified state employees; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 840 -2.31 of Title 74, unless
there is created a duplication in numbering, reads as follows:
A. State agencies are authorized to pay an employee for the
periods of time when the emp loyee is in on-call status, off work
premises, but is required to remain at, near or able to return to
work when called upon. This shall be known as on -call pay.
B. State agencies shall identify job classes or individual
positions within the agency that are subject to on-call duty, based
on sound business need. Employees shall be notified in advance of
Req. No. 7076 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
being subject to on-call duty and shall be notified of any
restrictions on personal time the duty requires. Employees will be
informed as to how the duty will be compensated.
C. A classified state employee shall receive compensation for
the periods of time he or she is assigned on -call duty and enters
on-call status. For each day that an employee is in on -call status
during the normal workweek, an employ ee shall receive compensation
for one (1) regular work hour. For each day that an employee is in
on-call status during weekends and on holidays, an employee shall
receive compensation for two (2) regular work hours. This credit
shall be in addition to ac tual hours worked during normal duty hours
and actual hours worked during on -call duty. State agencies shall
not workweek-adjust employees for these hours.
D. Any hours earned and worked during on -call duty shall be
paid to the employee. Employees shall be paid hour for hour for
time worked during on -call service. An hour of on -call service
shall not be considered to be an hour worked during the week for
purposes of the Fair Labor Standards Act only to the extent required
by federal law.
E. The Office of Management and Enterprise Services shall
promulgate rules necessary to implement the provisions of this
section.
SECTION 2. REPEALER 74 O.S. 20 21, Section 840-2.29, is
hereby repealed.
Req. No. 7076 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 3. This act shall become effective November 1, 2023.
59-1-7076 LRB 01/02/23