Section 31IAC5-7-4. Rate of pay for overtime

   Except as provided in section 6 of this rule, when an eligible employee has worked overtime that is compensable under this rule, payment for such overtime shall be made with the regular payment for that period in which the overtime hours were worked as follows:

(1) Employees eligible for overtime compensation by reason of section 3(2) of this rule shall be paid for overtime at a straight-time rate equal to the employee's regular hourly pay rate multiplied by the number of overtime hours worked.

(2) Eligible employees whose regularly established minimum working week is thirty-seven and one-half (37 1/2) hours or less shall be paid for overtime at a straight-time rate equal to the employee's regular hourly pay rate multiplied by the number of overtime hours worked for all such overtime that comprises forty (40) or fewer total hours of work within the work week.

(3) Any overtime worked by an eligible employee, for which:

(A) straight-time payment is not provided by this section; or

(B) a different decision rule is provided by section 8 of this rule;

shall be paid at a time and a half rate equal to one and one-half (1 1/2) times the employee's regular hourly pay rate multiplied by the number of such overtime hours worked.

(State Personnel Department; 31 IAC 5-7-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)