Senate Bill No. 124
(By Senators Unger, Prezioso, Chafin and Boley)
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[Introduced February 11, 2009; referred to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-5a, relating to
compensating state troopers for off-duty time when they are
required to be on standby to be called back to work.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-2-5a, to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5a. Compensation for call-back time.
(a) Any time that the West Virginia State Police requires a
State Police officer (inclusive of the ranks of Trooper to
Sergeant) during his or her off-duty hours, to be restricted as to
where he or she may go, what he or she may do in order that he or
she may quickly return to duty, the officer shall be paid the minimum wage as determined in section two, article fifteen-c,
chapter twenty-one for every hour which he or she is on call. This
code section pertains to nonexempt State Police officers as defined
under the Fair Labor Standards Act (FLSA). This pay is not subject
to retirement deduction or used in retirement annuity calculations.
(b) State Police officers who are off-duty and called back to
work by the West Virginia State Police or required to appear in
court, shall be guaranteed a minimum of two hours work or actual
hours worked, whichever is greater.
NOTE: The purpose of this bill is to require that State Police
officers be compensated for time when they are required to be on
standby so that they may be called back to work if necessary.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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