Purpose

To provide agency instructions for new double time and straight time earnings codes to be used for Time Entry payments for mandatory hours worked beyond 16 consecutive hours by certain direct care employees in the Office for People with Developmental Disabilities (OPWDD) and The Office Of Mental Health (OMH)

Affected Employees

Employees in OPWDD and OMH who are in CSEA bargaining unit 04, are in one of the following titles, and are mandated to work additional time beyond 16 consecutive hours

OPWDD:
Developmental Disabilities Secure Care Treatment Aide (DDSCTA) Trainee, 1, 2 LPN
Sr. LPN 1, 2
Developmental Assistant - Trainee, 1, 2, 3
Direct Support Assistant and Trainee

OMH:
Secure Care Treatment Aide 1, 2
Mental Hygiene Therapy Assistants 1 and 2
Mental Health Therapy Aide and Trainee
Residential Program Assistants 1 and 2
LPN

Sr. LPN 2
Recreation Assistant

Background

Chapter 165 of the Laws of 2017, which implemented the 2016-2021 Agreement between the State of New York and the Civil Service Employees Association (CSEA), provides for Double Time rate changes for Direct Care employees in OPWDD and OMH beginning effective 8/8/2017.

New Double Time Rates Effective as Follows:

• Effective 8/8/2017-10/11/17, the double time factor is .001, based on a denominator of 2,000 hours
• Effective 10/12/17, the double time factor is .000980, based on a denominator of 2,040 hours
• Effective 04/01/2019, the double time factor will be .000962, based on the denominator of 2,080 hours

New Straight Time Rate Effective as Follows:

• Effective 8/8/2017, the straight time factor is .00047945 (the Leap Year factor is .000478137)

Effective Date(s)

Immediately

Eligibility Criteria

Effective 08/08/17 (Institution), eligible employees in CSEA Bargaining Unit 04 who have worked 16 consecutive hours and are then mandated to work additional time beyond those 16 hours will be paid at the new double time rate per the 2016-2021 Agreement.

OSC Actions

OSC has created new Earns Codes to be used to report Double Time for eligible CSEA employees as indicated below:

The following Earns Codes have been created in PayServ:

Time Entry Code 16S must be submitted for:

• Hours worked during an employee’s regular shift that occur after working 16 mandatory consecutive hours
• Hours worked beyond 16 mandatory consecutive hours, but the employee has worked less than 40 hours and is not eligible for overtime

Example 1: Employee works a total of 50 hours in the pay-week (overtime eligible). On one day during the pay-week the employee works their regular 8 hour shift and is then mandated to work 10 additional consecutive hours for a total of 18 hours:

1. The first 8 hours (employee’s regular shift) should be paid as RGS.
2. The next 8 hours should be paid as overtime (OCS).
3. The last 2 hours should be paid as Double Time (O16) for mandated consecutive hours over 16.

Example 2: Employee works a total of 34 hours in the pay-week (not overtime eligible). On one day during the pay-week the employee works their regular 8 hour shift and is then mandated to work 10 additional connective hours for a total of 18 hours:

1. The first 8 hours (employee’s regular shift) should be paid as RGS
2. The next 10 hours should be paid as straight time (OTB). Additionally, the last 2 of the 10 hours must have an additional payment at the straight time rate (16S) for the mandated consecutive hours over 16.

Agency Actions

To report one of the new Double Time or Straight Time Earnings Codes the agency must submit the appropriate Earn Code in the Time Entry page using the following procedures:

For adjustments to previously paid Overtime from 8/8/2017 through 10/11/2017 that is now eligible to be paid as Double Time the agency must calculate the correct amount using the following denominator:

The difference between the two amounts must be entered using Time Entry Code ADJ and the same dates as the original payment. Agencies must also enter a General Comment that includes the calculation of the adjustment.

Tax Information

These monies are taxable income, will be included in the employee’s taxable gross and are subject to all employment and income taxes. Income taxes will be calculated using the employee’s current Tax Marital Status and Withholding Allowances on the Update Employee Tax Data page in PayServ.

The adjustments (Retro (RXX)) are supplemental taxable income, will be included in the employee’s taxable gross subject to all employment and income taxes.

Federal, State and New York City income tax withholding will be calculated using the Aggregate method. Yonkers income tax withholding will be calculated using the Flat Rate method (1.61135% for Yonkers residents and 0.50% for Yonkers non-residents).

Payroll Register and Employee Paycheck/Advice

The Earnings Codes and the amount will be displayed on the payroll register. The earnings description and the amount will be displayed on the employee’s paycheck or advice.

Questions

Questions about this bulletin can be directed to the Payroll Earnings mailbox.