H. B. 2779
(By Delegates Caputo, D. Poling, Boggs, Mahan,
Guthrie, Walker, Crosier and T. Campbell)
[Introduced January 24, 2011; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to West Virginia State Police receiving on-call and off-duty pay; providing for the State Police to be paid minimum wage for every hour on-call; and guaranteeing a minimum of two hours pay to State Police when called to duty off hours.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5a. On-call and off-duty compensation.
(a) When any member of the West Virginia State Police is required to be on-call during off-duty hours and the activities of that member are restricted during the on-call time period to allow rapid response to a call, that member shall be paid the minimum wage as determined in section two, article five-c, chapter twenty-one of this code for every hour which he or she is on call. This section applies only to those nonexempt members as defined under the Fair Labor Standards Act, pursuant to 29 U.S.C. §213. This on-call pay is not subject to retirement deduction, and may not be included in retirement annuity calculations. The on-call pay shall only be for the hours on-call and not for any time periods the member is called back to work.
(b) Members who are off-duty and called back to work shall be guaranteed a minimum of two hours’ work or actual hours worked, whichever is greater.
NOTE: The purpose of this bill is to provide that West Virginia State Police receiving on-call and off-duty pay be paid minimum wage for every hour on-call. It also guarantees a minimum of two hours pay to state police when called to duty off hours.
This section is new; therefore, it has been completely underscored.