House Bill 856

AN ACT TO REQUIRE THE STATE OF MISSISSIPPI AND POLITICAL SUBDIVISIONS THEREOF TO COMPENSATE LAW ENFORCEMENT OFFICERS WHO ARE NONEXEMPT EMPLOYEES UNDER THE FAIR LABOR STANDARDS ACT (FLSA) BY MANDATING AT LEAST THE REGULAR HOURLY RATE BE PAID, OR HOUR FOR HOUR COMPENSATORY TIME, FOR THE FIRST 43 HOURS IN A WEEK, 86 HOURS IN A TWO-WEEK PERIOD OR 171 HOURS IN A 28-DAY PERIOD; TO REQUIRE COMPLIANCE WITH THE FLSA FOR HOURS WORKED IN EXCESS OF THOSE STATED AMOUNTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) All persons employed as law enforcement officers, as defined in Section 45-6-3, whether employed by the State of Mississippi or any political subdivision thereof, shall be compensated, if such officer is classified as a nonexempt employee under Fair Labor Standards Act (FLSA) regulations, at his or her regular hourly rate or more for all hours worked up to forty-three (43) hours in a week, eighty-six (86) hours in a two-week period and one hundred seventy-one (171) hours in a twenty-eight (28) day period. If such officer is compensated for any of these hours worked by means of compensatory time, it shall be on at least an hour for hour basis and such compensatory time earned cannot be lost. Such officer shall be granted such time earned off with pay or compensated with pay at the officer's hourly rate at the time such payment is made. If there is a separation of employment the officer shall be paid for all such earned compensatory time based on his or her current regular hourly rate.

(2) Any law enforcement officer, as defined in Section 45-6-3, who works in excess of forty-three (43) hours in a week, eighty-six (86) hours in a two-week period or one hundred seventy-one (171) hours in a twenty-eight (28) day period shall be compensated for those excess hours worked as required by the FLSA.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.