§ 19-4-1612 - Overtime pay.
               	 		
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 its employees, under the rules and regulations set out by  the Federal Fair Labor Standards Act.
      (2)    (A)  The  Chief Fiscal Officer of the State will specify those specific employees  or groups of employees other than employees of the Arkansas State  Highway and Transportation Department and the Arkansas Lottery  Commission eligible to receive overtime compensation, the circumstances  under which overtime pay is to be allowed, and such other matters which  the Chief Fiscal Officer of the State may deem appropriate and necessary  to comply with the federal Fair Labor Standards Act as regards the  payment of overtime compensation.
            (B)  The  Director of the Arkansas State Highway and Transportation Department  shall make these determinations as to employees of the Arkansas State  Highway and Transportation Department.
            (C)  The  Director of the Arkansas Lottery Commission shall make these  determinations as to employees of the Arkansas Lottery Commission.
(c)  The  rules and regulations authorized by this section shall not go into  effect until the Chief Fiscal Officer of the State, or the Arkansas  State Highway and Transportation Department as to its employees, has  sought the advice of the Legislative Council.
(d)  In  the event that the Federal Fair Labor Standards Act 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.