Article 27 - Hours of Work and Overtime

Section 1. General Provisions. The following provisions apply to all employees covered by the terms of this Agreement. 

1. Scheduling. The Appointing Authority shall provide no less than fourteen (14) calendar days’ notice to the Association and the affected employee(s) prior to making a permanent change in the days of work, hours of work, or the length of the work day of full-time employees, unless the Appointing Authority and employee mutually agree to waive the fourteen (14) day notice requirement. However, employees being returned to work as part of a workers’ compensation placement are not entitled to this notice. 

2. Flex-time Plans. The Appointing Authority and the Association may mutually agree to a flex-time plan. Flex-time plans in existence prior to the effective date of this Agreement may be continued. If a request for a flex-time plan is denied, upon request of the employee, the Appointing Authority shall provide the employee the reason(s) for the denial of the flex-time plan request. If the Appointing Authority determines to discontinue flex-time plans, the Appointing Authority shall, upon request, discuss such change with the Association prior to implementation. 

3. Meal Periods. Employees shall normally be granted an unpaid lunch period of no less than thirty (30) minutes nor more than sixty (60) minutes near the midpoint of each day. However, the employee and their immediate supervisor may mutually agree to a lunch period at some other point during the day. Employees who are required by their supervisor to remain in a duty status or who are assigned to perform work during meal periods shall be paid for such time at the employee's appropriate rate. 

4. Rest Periods. Employees shall normally be granted a fifteen (15) minute paid rest period during each four (4) hours of regularly scheduled work. The Employer retains the right to schedule employee rest periods to fulfill the operational needs of the various work units. Rest periods may not be accumulated nor taken at the beginning or end of the day, or to extend the lunch period. However, with the supervisor's approval rest periods may be used to extend the lunch period. Employees working beyond their normally scheduled work day shall receive a ten (10) minute rest period before they resume work whenever it is anticipated that such work shall require approximately two (2) hours. 

5. Part-Time Employment. Full-time employees desiring to work less than full-time and part-time employees desiring to work full-time may do so pursuant to a mutual agreement with the Appointing Authority, the Association and the employee. Full-time employees who are Veterans returning from a military leave of absence desiring to work less than full time shall be granted the opportunity to work part-time for up to three (3) months. Veterans may supplement the hours they are not working with vacation or compensatory leave as available. 

6. Compensatory Bank. Each Appointing Authority may establish the maximum amount of hours that may be in the compensatory bank at a given time, provided the amount is not less than forty (40) hours nor more than one-hundred and twenty (120) hours. Those hours earned in excess of the compensatory bank maximum shall be liquidated in cash. 

The compensatory bank shall be liquidated once annually on a date specified in advance by the Appointing Authority. The Appointing Authority and the Association may agree in a meet and confer to carry over all or a portion of the compensatory bank. Any cash payment of unused compensatory time shall be at the employee’s current rate of pay. 

An employee who is permanently laid off or who accepts a position with another Appointing Authority or a position not represented by the Association shall have unused compensatory time paid in cash at the employee’s current rate of pay. 

An employee who has accrued compensatory time off shall, upon termination of employment, be paid for the unused compensatory time at either the average regular rate of pay received by the employee during the last three (3) years of the employee’s employment, or the final rate of pay received by the employee, whichever is greater. 

Employees may use time in the compensatory time bank at a time mutually agreeable to the employee and the immediate supervisor. A reasonable effort shall be made to honor the employee's request, depending on the staffing needs of the employee's work unit. However, the Appointing Authority may schedule an employee to use time in the compensatory bank by written notice to the employee prior to the specified scheduled time off. 

Each Appointing Authority shall notify the Association within thirty (30) calendar days of the effective date of this Agreement of the maximum amount of hours that may be in the compensatory bank. 

For conversion of compensatory time to deferred compensation, see Article 24, Section 14. 

7. Duplication of Payment. Overtime hours worked shall not be paid more than once for the same hours worked under any provisions of this Agreement. 

8. Workload Concerns. Upon request of the Association, an Appointing Authority shall meet and confer within thirty (30) calendar days of the request to discuss concerns that employees are unable to perform their job duties because of increased workloads. 

9. Recommendations on FLSA Status. The Association may make recommendations to the Labor Relations and Compensation Bureau of the Employer as to the exempt or non-exempt status of bargaining unit classes under the Fair Labor Standards Act. Such recommendations must be supported by specific written documentation as required by the Employer. 

10. Telecommuting Plans. Telework provides a broad array of benefits to state agencies and their employees. Telework can provide state agency employees flexible work environment arrangements that are consistent with business needs. If a request to telecommute is denied, upon request of the employee, the Appointing Authority shall provide the employee the reason(s) for the denial of the request. When practicable, the Appointing Authority shall provide the employee fourteen (14) days’ notice prior to changing or canceling an employee’s telecommuting arrangement. 

1. Telecommuting Plan Concerns (Pilot). If an employee has concerns over their telecommuting determination(s), the employee may request a meeting to discuss their concerns with the Appointing Authority. 

This Telecommuting Plan Concerns Pilot program becomes effective upon this Agreement’s approval by the legislative coordinating commission under M.S. 3.855, subject to ratification by the legislature, and will sunset upon approval under M.S. 3.855 of the parties’ 2023 – 2025 agreement.  

This section is not subject to the grievance procedure. 

Section 2. Overtime Compensation for Non-Exempt Employees. In conjunction with Section 1 above, employees declared to be non-exempt by the Employer or the United States Department of Labor shall be governed by this section. 

1. Normal Work Period. The normal work period shall be forty (40) hours of work during seven (7) consecutive days. The Appointing Authority may use other work periods permitted by the Fair Labor Standards Act and shall notify the employee when those other work periods are in effect. 

2. Overtime. Hours worked in excess of the maximum number of hours permitted in each applicable work period are overtime hours. All paid vacation time, paid holidays, paid sick leave, paid compensatory time off, and paid leaves of absence shall not be considered as "time worked" for purposes of this Section. However, non-exempt employees in classifications with the salary range maximum rates which are lower than the maximum rate of salary range 7-L shall have vacation, sick leave and holiday hours considered as “time worked” for purposes of this section. 

Employees may adjust or exchange hours with the approval of the immediate supervisor(s), provided such change does not result in the payment of overtime. 

3. Liquidation of Overtime. All overtime hours shall be compensated at the rate of time and one half. Such overtime shall be liquidated in cash unless the employee and the Appointing Authority mutually agree to compensatory time off. Overtime hours which are liquidated in cash shall be liquidated on the same or immediately following payroll abstract for the payroll period in which it was earned. Overtime hours which are liquidated as compensatory time off shall be governed by Section 1(F) above. 

Section 3. Exempt Employees. In conjunction with Section 1 above, employees declared to be exempt by the Employer or the United States Department of Labor shall be governed by this section. 

1. Normal Work Period. The normal work period shall consist of eighty (80) hours of work within a two (2) week payroll period. All paid vacation time, paid holidays, paid sick leave, paid compensatory time off, and paid leaves of absence shall be considered “time worked” for purposes of this Section. Employees may adjust or exchange hours with the approval of the immediate supervisor(s), provided such change does not result in the payment of overtime. 

2. Balancing Hours. It is recognized that exempt employees are responsible for managing and accounting for their own hours of work and that they may work hours in excess of the normal work day and/or payroll period and/or on normal days off. In these instances and with supervisory approval, employees may balance hours of work in subsequent work days or payroll periods, provided such time management system does not result in overtime payment or guarantee hour for hour time off for extra hours worked. 

3. Overtime. Employees may receive overtime at the rate of straight-time when assigned to a special work assignment which is in addition to their normal job duties and upon having received advanced approval from their supervisor. Employees are eligible for overtime only after completing eighty (80) hours of work in a pay period. 

4. Liquidation of Overtime. Overtime may be liquidated as cash or compensatory time off at the option of the Appointing Authority who shall consider the desires of the employee. Overtime hours which are liquidated in cash shall be liquidated on the same or immediately following payroll abstract for the payroll period in which it was earned. Overtime hours which are liquidated as compensatory time off shall be governed by Section 1(F) above.