Section 19-4-1612 - Overtime pay(a) It is the policy of the State of Arkansas that overtime pay for state employees is the least desirable method of compensation for overtime work.(b)(1) All state departments, agencies, boards, commissions, and institutions may pay overtime to their employees, under the rules and regulations set out by the federal Fair Labor Standards Act of 1938.(2)(A) The Secretary of the Department of Transformation and Shared Services will specify those specific employees or groups of employees other than employees of the Arkansas Department of Transportation eligible to receive overtime compensation, the circumstances under which overtime pay is to be allowed, and other matters the secretary finds appropriate and necessary to comply with the federal Fair Labor Standards Act of 1938 as regards the payment of overtime compensation.(B) The Director of State Highways and Transportation shall make these determinations as to employees of the Arkansas Department of Transportation.(c) The rules authorized by this section shall not go into effect until the secretary, or the Arkansas Department of Transportation as to its employees, has sought the advice of the Legislative Council.(d) In the event that the federal Fair Labor Standards Act of 1938 is held, for whatever reason, to be nonapplicable to state employment, then any state department, agency, board, commission, or institution may pay overtime to its employees only if the General Assembly has given authorization by an appropriation.(e)(1) The State Highway Commission: (A) For the purpose of paying overtime, may transfer a portion of the appropriation for overtime in the operative appropriation act for the Arkansas Department of Transportation to the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and(B) Shall notify the Auditor of State and the Secretary of the Department of Finance and Administration of a transfer authorized under this subdivision (e)(1).(2) If the commission makes a transfer under subdivision (e)(1) of this section:(A) The overtime applicable to any salaries may be paid from the appropriation for regular salaries in the operative appropriation act for the Arkansas Department of Transportation; and(B) One (1) state warrant may be issued to each employee for the total of the regular salary and overtime earned.(3) The amount appropriated for salaries in the operative appropriation act for the Arkansas Department of Transportation may be exceeded for an employee eligible for overtime to the extent of the overtime paid to the employee.(4) The overtime paid shall be identifiable for each employee, and in total for all employees, on the voucher or other record that is submitted to support the issuance of a state warrant.Amended by Act 2023, No. 569,§ 14, eff. 7/1/2023.Amended by Act 2019, No. 910,§ 6095, eff. 7/1/2019.Amended by Act 2019, No. 910,§ 6094, eff. 7/1/2019.Amended by Act 2017, No. 707,§ 48, eff. 8/1/2017.Amended by Act 2015, No. 218,§ 18, eff. 2/26/2015.Acts 1973, No. 876, § 23; 1976 (Ex. Sess.), No. 1, § 1; 1977, No. 118, § 1; 1985, No. 820, § 1; A.S.A. 1947, § 13-349; Acts 2009, No. 605, § 19; 2009, No. 606, § 19.