1. 1 Overtime in State Agencies Legislative Audit Bureau July 2008

2. 2 Overtime Payments by Category (in millions)

3. 3 Four Departments with Highest Premium Overtime Payments (in millions)

4. 4 Premium Overtime Earnings Totaling $100,000 or More u 59 individuals were employed by DOC or DHFS and were correctional officers and sergeants or direct patient care staff. u The additional hours worked by some raises questions about their ability to effectively perform their responsibilities.

5. 5 Collective Bargaining Agreements u The State is required to follow the federal Fair Labor Standards Act (FLSA). u The collective bargaining agreements are more generous than FLSA requirements. u Under the agreements, overtime is based on hours in “pay status,” rather than actual hours worked.

6. 6 Collective Bargaining Agreements u Seniority provisions affect overtime costs. u Senior correctional officers and sergeants regularly accept overtime opportunities. u Forced overtime is more prevalent for direct patient care staff at DHFS facilities.

7. 7 Overtime in DOC u $34.7 million in premium overtime payments were made in 2007. u Only 6.1 percent of correctional officers and sergeants reported no premium overtime in at least one of the three years analyzed. u Correctional sergeants received an annual average of $7,600 in premium overtime payments, while correctional officers received $5,200.

8. 8 Factors Contributing to DOC’s Overtime u Number of positions has not kept pace with increases in number of adult inmates. u Higher use of sick leave than other state employees. –correctional officers and sergeants used an average of 106 hours, or 13.25 days, of sick leave annually. –state employees used an average of 65.4 hours or 8.17 days. –24 percent of correctional officers and sergeants had sick leave balances of less than 40 hours at the end of 2007.

9. 9 Factors Contributing to DHFS’s Overtime u Number of authorized positions for patient care staff has not kept pace with federal regulatory requirements. u Increased leave time has been granted in recent years. u DHFS has experienced high turnover in resident care and psychiatric care technician positions.

10. 10 Future Considerations u Comprehensive analysis of the most cost- effective mix of positions and overtime for agencies that operate 24-hour facilities is warranted. u We recommend that DOC and DHFS report to the Joint Legislative Audit Committee by January 5, 2009.

11. 11 Overtime in State Agencies Legislative Audit Bureau July 2008