Texas Department of Criminal Justice
Why aren’t all hours worked over 40 counted as overtime hours?
Overtime compensation for all TDCJ employees is based on Title 29, United States Code, also known as the Federal Fair Labor Standards Act (FLSA). Section 207(k) of the FLSA includes special provisions regarding overtime hours for FLSA non-exempt security personnel in correctional institutions. COs and Sergeants of COs are covered by these special provisions. The table below indicates the regularly scheduled work hours within each correctional work cycle, the hours worked that are reported as compensatory time, and the maximum number of hours that employees covered by Section 207(k) must physically work before accruing overtime.
Table 1: Correctional Work Cycle Work Cycle
7-Day
8-Day
9-Day
Regularly Scheduled Work Hours
41:15
48:00
52:30
Compensatory Hours Earned if Physically Worked
40:00 - 43:00
45:45 - 49:00
51:30 - 55:00
Overtime Hours Earned if Physically Worked
In excess of 43:00
In excess of 49:00
In excess of 55:00
Does TDCJ pay us for overtime hours?
Effective January 1, 2007, FLSA non-exempt employees who are eligible to accrue FLSA overtime, will no longer be required to “bank” 240 overtime hours before receiving payment for overtime worked. Any overtime hours “banked” prior to January 1, 2007, shall be maintained in an employee’s accrued overtime balance to be used as leave during employment or paid in a lump sum upon separation from employment. See Change in Overtime Payment Policy effective January 1, 2007.
When will I get paid for overtime hours?
The first overtime payment to reflect the Change in Overtime Payment Policy will be for overtime hours accrued in January 2007, which will be paid via overtime payroll approximately mid-February 2007. The overtime payment will not include compensation for overtime hours that were worked and “banked” prior to January 1, 2007. Upon separation from employment, you will be paid for all of your unused overtime balance. Overtime hours are only subject to taxes when you actually receive wage compensation for these hours.
Why are Correctional Officers assigned to eight-day or nine-day work cycles?
These work cycles have been established to balance our staffing and resource needs. Some employees have concerns when their unit converts to a new work cycle. However, after the change has been implemented, many employees prefer these work cycles.
Page updated: 12/06/2011