NAC284.248. Overtime: Employee who works in two positions; exceptions.

     1. Except as otherwise provided in subsection 2, a nonexempt employee who works in two positions in one department or different departments must work or be in paid status in excess of 8 hours per day or 40 hours per week in combined work time in both positions to receive compensation for overtime. An appointing authority shall consider an employee’s employment with another department when considering his or her agency’s liability for compensation for overtime.

     2. The hours worked voluntarily by an employee on an occasional or sporadic basis in a different capacity from his or her regular employment must not be combined with the hours worked by the employee in his or her regular employment for the purposes of determining the appointing authority’s liability for compensation for overtime. As used in this subsection, “occasional or sporadic basis” means infrequently, irregularly or occurring in scattered instances.

     3. An employee who qualifies for overtime compensation pursuant to subsection 1 must be paid:

     (a) At the highest rate of pay of the two positions; or

     (b) If the employee and the appointing authority have agreed in writing before the performance of the work requiring overtime, at the rate of pay of the position for which the work is performed.

     (Added to NAC by Dep’t of Personnel, eff. 10-26-84; A 5-27-86; 3-23-94; 11-16-95; R147-01, 1-22-2002)