23-391. Overtime pay; work week
A. Subject to availability of appropriated funds, an employee of the state or any
political subdivision, serving in a position determined by the law enforcement merit
system council, the director of the department of administration, the Arizona board of
regents, the board of directors for the Arizona state schools for the deaf and the blind
or the governing body of a political subdivision, in the discretion of such board or
body, to be eligible for overtime compensation who is required to work in excess of such
person's normal work week, shall be compensated for such excess time at the following
rates:
1. One and one-half times the regular rate at which such person is employed or one
and one-half hours of compensatory time off for each hour worked if overtime compensation
is mandated by federal law.
2. If federal law does not mandate overtime compensation, the person shall receive
the regular rate of pay or compensatory leave on an hour for hour basis at the discretion
of the board or governing body.
B. Notwithstanding subsection A, the state or a political subdivision may provide,
by action of the law enforcement merit system council, the board of regents, the board of
directors for the Arizona state schools for the deaf and the blind or the director of the
department of administration in the case of the state or of the governing body of the
political subdivision, for a work week of forty hours in less than five days for certain
classes of employees employed by the state or the political subdivision.
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