Overtime Program, CSC Docket No. 2021-441

BackgroundThe Division of Agency Services (Agency Services), on behalf of the Department of Law and Public Safety (DL&PS), Division of State Police, Office of Forensic Sciences, requests that the provisions of N.J.A.C. 4A:3-5.3 be relaxed to provide individuals in the non-limited, non-exempt (NE) titles of Forensic Scientist 1, DL&PS and Forensic Scientist 2, DL&PS, cash compensation at one and one-half times the regular rate for hours worked between 35 and 40 hours.

By way of background, the Civil Service Commission (Commission) had relaxed the provisions of N.J.A.C. 4A:3-5.3 until December 31, 2020 in the attached decision, In the Matter of Overtime Program, Department of Law and Public Safety, Division of State Police (CSC, decided January 15, 2020), to allow DL&PS to utilize 2018 Capacity Enhancement and Backlog Reduction (CEBR) funds for the overtime of the NE employees in the DNA laboratory, within the Office of Forensic Sciences. In that decision, the Commission noted absent different circumstances, such additional requests would not be approved as it was the third such request from DL&PS to allow for overtime to address the backlog within the DNA laboratory. See In the Matter of Overtime Program, Department of Law and Public Safety, Division of State Police (CSC, decided December 7, 2016), and In the Matter of Overtime Program, Department of Law and Public Safety, Division of State Police (CSC, decided January 16, 2019).

In its instant request, DL&PS explains that due to the ongoing COVID-19 pandemic and restrictions placed on the laboratory system during these unprecedented times, the staff earmarked to work the overtime hours were unable to work a sufficient number of hours to qualify for overtime, leaving funds unspent and no impact on reducing the backlog of DNA cases. In this regard, it notes that the lab was completely closed for a period of time due to the Governor’s Executive order, and currently staff working in the lab must be scheduled to work with social distancing considerations because the work does not lend itself to work from home. As a result, it was only able to work one month of the allotted 12-month extension before the effects of the ongoing pandemic caused the reduction of staff and the suspension of overtime. DL&PS maintains that once the COVID-19 restrictions are lifted, overtime can resume. However, as it is currently unknown when this will occur, it requests that the provisions of N.J.A.C. 4A:3-5.3 be relaxed an additional 12 months, to December 31, 2021. Based on these circumstances, Agency Services indicated its support of DL&PS’ request.

CONCLUSION

N.J.A.C. 4A:3-5.5(a)1 and N.J.A.C. 4A:3-5.5(b)1 provide, in pertinent part, that employees in NE titles are entitled to overtime compensation at the rate of one and one-half times their regular rate of pay “for time worked in excess of 40 hours per week” with the approval of the Commission or designee. However, per N.J.A.C. 4A:3- 5.3(d)2, for work performed in excess of 35 hours per week, up to 40 hours, employees in NE titles are only entitled to comparable amounts of time off, not cash overtime compensation.

RuleN.J.A.C. 4A:1-1.2(c) provides that a rule may relaxed for good cause, in a particular circumstance, in order to effectuate the purposes of Title 11A of the New Jersey Statutes Annotated.

AnalysisDue to the receipt of the grant funds to address an approximate backlog of 1,200 cases that still need analysis, which has been earmarked for overtime, it is appropriate to permit NE employees who work more than 40 hours in a week to receive cash overtime per N.J.A.C. 4A:3-5.5(a)1 and N.J.A.C. 4A:3-5.5(b)1. Further, under these particular facts and circumstances, and in light of the continuing COVID- 19 pandemic, it is also appropriate to relax the provisions of N.J.A.C. 4A:3-5.3 and permit the DL&PS, Division of State Police, Office of Forensic Sciences, to provide individuals in the titles of Forensic Scientist 1, DL&PS and Forensic Scientist 2, DL&PS, cash compensation at one and one-half times the regular rate for hours worked between 35 and 40 hours until December 31, 2021. However, as noted previously absent different circumstances, such additional requests will not be approved.

ORDER

Therefore, it is ordered that this request be granted.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.