ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2668: overtime pay; law enforcement

Sponsor: Representative Fink, LD 27

Committee on Public Safety & Law Enforcement

Overview

Defines each hour worked as it relates to law enforcement overtime compensation.

History

An individual engaged in law enforcement activities must be compensated for each hour worked over 40 hours in a workweek at the discretion of the employer at the following rates: 1) one and one-half times the regular rate or one and one-half hours of compensatory time off for each hour worked if overtime compensation is federally mandated; or 2) if not federally mandated, an individual must receive the regular rate or compensatory leave on an hour for hour basis (A.R.S. § 23-392).

The Portal-to-Portal Act of 1947 states that employers are not required to compensate employees under the Fair Labor Standards Act, Walsh-Healey Act or the Bacon-Davis Act for commuting to and from the place where employees perform their principal activity and preliminary and postliminary activities relating to their principal activity. However, if a contract states that such activity is compensated or an employer has the custom of compensating such activities already established, compensation is required. In order for such activity to be compensated, the activity must be performed during the designated work period stated in the contract. When the outlined activity is compensated, it must be included in the calculation for hours worked (29 USC Ch. 9).

Provisions

1. Defines each hour worked, as it relates to law enforcement overtime compensation, to:

a) include the principal activities that an employee is employed to perform; and

b) exclude activities not compensable under the Portal-to-Portal Act of 1947. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

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6. HB 2668

7. Initials MT Page 0 Public Safety & Law Enforcement

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