23-392. Overtime compensation for certain law
enforcement or probation officer activities; option;
definitions


A. Any person engaged in law enforcement activities shall be compensated for each
hour worked in excess of forty hours in one work week at the option of such employer 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 by the person's job
classification overtime compensation is mandated by federal law.


2. If by the person's job classification 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.


B. Any person engaged in probation officer activities shall be compensated for each
hour worked in excess of eighty hours in a two week work period at the option of such
employer 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 by the person's job
classification overtime compensation is mandated by federal law.


2. If by the person's job classification 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.


C. Paid leave may be considered hours worked for the purpose of calculating
overtime.


D. The director of the department of public safety may establish alternate work
periods, in accordance with federal law, for the purpose of determining overtime
compensation for those employees of the air rescue section of the department of public
safety.


E. Notwithstanding subsection C of this section, an alternate work period
established by the director of the department of public safety for the purpose of
determining overtime compensation shall not exceed twenty-eight days or one hundred sixty
hours.


F. For the purposes of this section:


1. "Person engaged in law enforcement activities":


(a) Means:


(i) A law enforcement officer as defined by section 38-1001.


(ii) A peace officer as defined by section 41-1701.


(iii) Any security personnel responsible for controlling or maintaining custody of
inmates in correctional institutions maintained by this state or a county, city or town.


(iv) A capitol police officer employed pursuant to section 41-794, subsection A.


(b) Does not include any such person employed in a bona fide executive or
administrative capacity as defined by the employer.


2. "Person engaged in probation officer activities":


(a) Means a probation officer or surveillance officer who is appointed pursuant to
section 8-203, 12-251 or 12-259.


(b) Does not include any such person employed in a bona fide executive or
administrative capacity as defined by the employer.