25 NCAC 01D .1945. SPECIAL PROVISIONS

(a)  Agricultural Workers:

(1)           Hours worked by agricultural workers may be averaged over a 12-month period.  The number of hours worked shall not exceed 2,080 hours.  Upon leaving state service, an agricultural worker shall be paid for any accumulated overtime.

(2)           Agricultural workers are defined as workers who cultivate the soil or grow or harvest crops, engage in dairying, or who raise livestock, bees or poultry, or perform closely related research.

(b)  Student Workers ‑ A student shall be considered an employee subject to the State Human Resources Act only if the student-employee is employed by the institution the student attends on a full-time permanent basis (as defined by rules of the State Human Resources Commission) in a permanent position established and governed pursuant to requirements of the State Human Resources Commission.

(c)  In-Resident Employment ‑ In-Resident employment includes employees such as Cottage Parents and Dormitory Directors who reside on the employer's premises, or who are usually on duty or subject to call at all times except when the facility is closed. It is necessary that these employees be required to work irregular schedules. The employing agency shall arrive at an agreement with the employee as to what constitutes the normal number of hours worked during a given workweek, taking into consideration the time that the employee engages in private pursuits such as eating, sleeping, entertaining and the time they are able to be away from the facility for personal reasons.  The following basis of pay may be adopted for employees in such categories:

(1)           Salary ‑ The annual salary and monthly salary rates of an employee shall be established under current personnel policy.  With the employee's agreement, this salary shall represent the employee's straight-time pay for the agreed upon normal number hours on duty per week.

(2)           Overtime Compensation ‑ It is anticipated that weekly schedules will fluctuate.  When it is necessary to work in excess of the agreed upon workweek hours, the employees shall be paid time and one-half the hourly rate for all hours worked in excess of the normal workweek.

(d)  Registered Nurses:

(1)           When possible, the compensation shall be in the form of time off.  When the employee normally has 24 hours responsibility, (as in the case of some supervisors and most directors), overtime compensation provisions shall not be applicable.

(2)           Where an employee is assigned duties at a lower classification level; the base rate of pay may not exceed the maximum rate of the lower level assignment.

 

History Note:        Authority G.S. 126-4;

Eff. February 1, 1989;

Amended Eff. March 1, 2005; August 1, 2004.