Rule 28-305-2.3 - Overtime/Special OvertimeSupervisors shall establish work schedules to meet efficient, productive, and smooth Port authority operations. Work schedules shall be established to meet Port operational requirements, but shall, to the extent practical and feasible, be designed to avoid overtime hours. When an employee's supervisor determines that it is necessary, an employee will be required to work overtime. When needed, employees shall be expected to work overtime unless an employee notifies his or her supervisor in advance that they are unable to do so for a good and acceptable reason, and the employee's supervisor approves that reason.
A. Failure to work overtime, when requested, will result in disciplinary action. Supervisors may exclude employees from overtime.B. Overtime:1.Exempt Managerial Employees: Employees who are identified as exempt managerial are employed on the basis that they will carry out their job functions effectively, without regard for the time required in their performance. At the discretion of the Executive Director, compensatory time off may be given in lieu of all overtime worked. When it is essential that an exempt managerial employee work during an official state holiday, the employee may receive credit for compensatory leave.2.Non-exempt Employees: Employees who are identified as non-exempt shall be entitled to overtime pay. Over-time shall be compensated as specified in Chapter III Pay Policy.3.Special Overtime (Line Handling): Line Handling functions at the Mississippi State Port Authority at Gulfport are the responsibilities of the Port Authority's operations, maintenance, and mechanical handling departments. All employees within the operations, maintenance, and mechanical handling departments may be assigned to line handling duties unless the employee has a good reason not to be assigned, and the employee's supervisor has approved the reason. The Operations Manager shall be responsible for preparing monthly schedules for employees to perform line handling duties and responsibilities. The monthly schedule shall be posted, indicating the employees responsible for line handling. Regardless of hours worked, employees who are called in for line handling duties between 1801 hours and 0659 hours shall be compensated at sixty dollars ($60.00) per vessel. Line handling duties between the hours of 0700 and 1800 are considered "on the clock" and will not be paid the sixty dollars ($60) per vessel call. If the line handling duties between these hours result in overtime, then the employee is entitled to overtime pay. Gate security and the scheduled operations personnel will maintain records for all line handling duties and responsibilities and submit those records to the Port Authority's Finance Department for payroll purposes.4.Special Overtime (Emergency): All non-exempt employees who are called in on an emergency basis will receive compensation for two (2) hours at a rate of time and one-half. If the call-in requires more than two (2) hours and the total time worked during that weekly pay period exceeds 40 hours, then all time worked on the call-in which contributes to the over 40 hours will be credited as time and one-half. But, if the call-in time exceeds two (2) hours and the total time worked in that weekly pay period does not add up to 40 hours, then all time worked during the call-in that exceeds two (2) hours will be compensated at straight time only.5.Change of Employee Schedule: Employees whose schedules may be changed in advance due to operation's necessity or other unforeseen events will be compensated at straight time rates unless the scheduled work week runs into more than 40 hours. Then overtime is computed for all time exceeding 40 hours.6.Employees on leave: Employees on leave will not normally be called in during the leave period. However, if an emergency makes it necessary to call in an employee on leave, his/her leave status will automatically terminate when he/she reports to work. Double compensation (compensation for leave in addition to the call-in pay) will not be paid. The above emergency leave termination provision does not apply to those employees on leave under the Americans with Disabilities Act or the Family and Medical Leave Act.28 Miss. Code. R. § 305-2.3
Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21