Senate Bill No. 439
(By Senators Prezioso, Unger, Plymale, Bowman, Kessler, Caldwell,
Hunter, Jenkins, Dempsey, Edgell and Fanning)
[Introduced February 4, 2003; referred to the Committee on
government Organization; and then to the Committee on Finance.]
A BILL to amend article seven, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve; and to amend and reenact section five, article nine of
said chapter, all relating to overtime and holiday pay for
classified employees; providing for additional payment for
weekend and holiday work; and removing the twenty-year cap for
the annual experience increment.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter eighteen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twelve;
and that section five, article nine of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-12. Overtime; holidays.
(a) A classified employee whose regular workweek is Monday
through Friday and who agrees to perform any work assignment on a
Saturday or a Sunday, shall be paid at least one-half day of work
for each day he or she reports for work and shall be paid for a
full day of work if he or she works more than three and one-half
hours on a Saturday or Sunday.
(b) A classified employee required to work on any legal
holiday shall be paid at a rate of one and one-half times the
employee's hourly wage rate.
(c) A full-time classified employee required to work in excess
of a normal working day during any week containing a legal holiday
shall be paid for the additional hours or fraction of the
additional hours at a rate of one and one-half times the employee's
hourly wage rate.
(d) When used in this section, the term "legal holiday" means
those days designated in section one, article two, chapter two of
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION
§18B-9-5. Classified employee salary.
(a) Commencing with the fiscal year beginning on the first day
of July, one thousand nine hundred ninety-eight, and each fiscal year thereafter, each classified employee with three or more years
of experience shall receive an annual salary increase equal to
fifty dollars times the employee's years of experience.
That the annual salary increase may not exceed the amount granted
for the maximum of twenty years of experience These incremental
increases are in lieu of any salary increase received pursuant to
section two, article five, chapter five of this code; are in
addition to any across-the-board, cost-of-living or percentage
salary increases which may be granted in any fiscal year by the
Legislature; and shall be paid in like manner as the annual payment
to eligible state employees of the incremental salary increases
based on years of service under the provisions of section two,
article five, chapter five of this code.
(b) Any classified employee may receive merit increases and
salary adjustments in accordance with policies established by the
board of governors: Provided, That merit raises may be granted
only pursuant to a rule adopted by the board of governors, and
approved by the chancellor, which provides a fair and equitable
basis for granting merit raises pursuant to regular evaluations
based upon reasonable performance standards.
(c) The current annual salary of any classified employee may
not be reduced by the provisions of this article nor by any other
action inconsistent with the provisions of this article, and
nothing in this article may be construed to prohibit promotion of any classified employee to a job title carrying a higher pay grade
if the promotion is in accordance with the provisions of this
article and the personnel classification system established by the
appropriate governing board.
NOTE: The purpose of this bill is to increase pay for
classified employees who work
overtime and holidays and to remove
the twenty-year experience cap for the annual experience increment.
§18B-7-12 is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would