Purpose:
The purpose of this bulletin is to provide information and processing instructions regarding the implementation of a temporary overtime rate for overtime eligible and ineligible employees and a temporary pre-shift briefing rate for eligible employees working in support of DOCCS.
Affected Employees:
Overtime eligible and ineligible employees who are employed by DOCCS (Agency 10xxx) in the following bargaining units who are required by the Commissioner of DOCCS to work scheduled or unscheduled overtime and/or employees eligible for pre-shift briefing are affected:
- Civil Service Employees Association (CSEA)
- Administration Services Unit (BU 02)
- Operational Services Unit (BU 03)
- Institutional Services Unit (BU 04)
- Public Employees Federation (PEF)
- Professional, Scientific and Technical Services Unit (BU 05)
- Management or Confidential (M/C, BU06)
- NYS Correctional Officers and Police Benevolent Association, Inc. (NYSCOPBA)
- Security Services Unit (BU 01)
- NYS Law Enforcement Officers’ Union, Council 82 (C82)
- Security Supervisors Unit (BU 61)
Overtime eligible and ineligible employees who are employed by the Office of Mental Health (OMH - Agency 50xxx) in the following bargaining units who work in support of DOCCS and who work scheduled or unscheduled overtime are affected:
- Civil Service Employees Association (CSEA)
- Administration Services Unit (BU 02)
- Operational Services Unit (BU 03)
- Institutional Services Unit (BU 04)
- Public Employees Federation (PEF)
- Professional, Scientific and Technical Services Unit (BU 05)
- Management or Confidential (M/C, BU06)
Background:
Pursuant to Executive Order 47, 47.1 and 47.2 and the resulting Memorandum of Agreements between the State of New York and all impacted unions and the Division of Budget approval for M/C employees (See Affected Employees Section), eligible employees of DOCCS and OMH working in support of DOCCS must be paid an increased overtime and pre-shift briefing rate of 2.5 times the employee’s regular rate of pay if they are required by the Commissioner of DOCCS to work overtime during the illegal strike.
The new overtime rate shall apply to all overtime earned during shifts that begin at or after 7:00 AM on 02/17/2025 and through 6:59 AM on 03/19/2025. For any shift that begins at or after 7:00 AM on 03/19/2025, the overtime and pre-shift briefing rate shall revert to the rate normally applicable to each employee unless extended by the Governor.
The overtime factor used by the New York State Payroll System (PayServ) for employees represented by C82, NYSCOPBA, PEF and CSEA is .00120. The overtime factor used for M/C employees is .00125. The pre-shift briefing factor used for NYSCOPBA and C82 employees is 0.0003 per shift.
Effective Dates:
The 2.5x overtime and pre-shift briefing rate is effective at 7:00 AM on 02/17/2025. Agencies should begin using the 2.5x overtime and pre-shift briefing earnings codes beginning in Institution Pay Period 23L, checks dated 03/06/2025 and Administration Pay Period 24L, checks dated 03/12/2025.
Eligibility Criteria:
Overtime eligible and ineligible employees in an affected bargaining unit and agency who work scheduled or unscheduled overtime effective 7:00 AM on 02/17/2025 through 6:59 AM on 03/19/2025 (unless extended by the Governor) must be paid at a rate of 2.5x their regular rate of pay using one of the 2.5x Time Entry Overtime Earnings Codes. In addition, employees eligible to receive Pre-Shift briefing in an affected bargaining unit and agency effective 7:00 AM on 02/17/2025 through 6:59 AM on 03/19/2025 (unless extended by the Governor) must be paid at a rate of 2.5x their regular rate of pay using one of the 2.5x Time Entry Pre-Shift Briefing Earnings Codes.
OSC Actions:
OSC has provided the following Time Entry Earnings Codes to report overtime and/or pre-shift briefing payments for employees eligible to receive payment at 2.5x their regular rate of pay:
In addition, OSC has created the following Time Entry Code to systematically report the difference between an employee’s regular Pre-Shift Briefing earnings (Additional Pay Earnings Code PS1), paid at the 1.5x rate and the 2.5x Pre-Shift Briefing rate.
| 2.5x Earns Code | Description | Associated Retro Code | Original Earns Code | Applicable Bargaining Unit(s) |
|---|---|---|---|---|
| P25 | Adj Preshift 2.5 | R5P | N/A | 01 |
The agency should continue using Earnings Code OTO – OT Override for overtime payments that cannot be calculated by the NYS Payroll System.
Agency Actions:
Beginning in Institution Pay Period 23L or Administration Pay Period 24L
To report 2.5x overtime earnings effective beginning 7:00 AM on 02/17/2025, agencies must submit the appropriate 2.5x Earns Code (as listed in OSC Actions section above) on the Time Entry page or the Time Entry Interface (NPAY502) using the following procedures:
| Earnings Begin Date: | Effective date started (02/17/2025 or later) |
|---|---|
| Earnings End Date: | Effective date ended |
| Earn Code: | Enter appropriate code |
| Hours/Units/Amount: | Number of Hours/Units/Amounts, as applicable |
Agencies must use the overtime factor of .00120 in the calculation when submitting any payments using Earnings Code OTO – OT Override for employees represented by C82, NYSCOPBA, PEF and CSEA. An overtime factor of .00125 must be used for M/C employees. Agencies must include an explanation in General Comments or Time Entry Comments that this payment has been calculated at 2.5 times the employee’s regular rate of pay.
Note: Agencies must split up overtime earned before 7:00 AM on 02/17/2025 from overtime earned at or after 7:00 AM on 02/17/2025 due to the difference in the OT rate approved for payment.
Payroll Register and Employee’s Paycheck/Advice:
The Earnings Codes listed in the OSC Actions section, and the amount paid will be displayed on the Payroll Register. The corresponding Earnings Description in the OSC Actions section and the amount paid will be displayed on the employee’s paycheck stub or direct deposit advice. If the number of earnings codes exceeds 13, agencies should utilize Locked Query LQ_PCD_PAYCHECK_EARNINGS_BY_ID to identify a complete list of earnings.
Retirement Information
Monies paid using the earnings codes mentioned above are included as salary for retirement purposes.
Undeliverable Checks:
When a valid payroll check is undeliverable due to the agency’s inability to locate the employee, the agency should follow the Agency Actions identified in Payroll Bulletin No. 1786 – Non-Negotiated and/or Undeliverable New York State Payroll Checks.
Checks issued to eligible employees who are now deceased should be submitted as a Stop Payment Request with a reason of Exchange in PayServ. The Report of Check Exchange (AC 1476-P) Next of Kin Affidavit (AC 934-P), and original death certificate should be submitted to the Payroll Reversal and Exchange mailbox at the same time as the Stop Payment Request. If a Next of Kin Affidavit has been previously submitted for a deceased employee’s payroll check, OSC will accept a photocopy of this form along with a new Report of Check Exchange.
Tax Information
These earnings are taxable income, will be included in the employee’s taxable gross, and are subject to all employment and income taxes. Income taxes will be calculated using the employee’s current withholding elements in PayServ.
The Retro Codes (Rxx) are supplemental taxable income and will be included in the employee’s taxable gross subject to all employment and income taxes.
Federal, State, and New York City income tax withholding will be calculated using the Aggregate method. Yonkers income tax withholding will be calculated using the Flat Rate method (1.95975% for Yonkers residents and 0.50% for Yonkers non-residents).
Questions:
Questions regarding this bulletin may be directed to the Payroll Earnings mailbox.