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Introduced Version Senate Bill 46 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 46

(By Senators Unger, Oliverio and Williams)

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[Introduced January 13, 2010; 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 five-c, chapter twenty-one for every hour which he or she is on call.
(b) This section applies to nonexempt State Police officers as defined under the Fair Labor Standards Act (FLSA). The pay provided in this section is not subject to retirement deduction and is not to be used in retirement annuity calculations.
© 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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