Title 9 Part 143

For the purpose of these regulations, certain terms used in subdivision 6, section 130 of the Civil Service Law are defined as follows:

A tour of duty, four or more hours of which fall between 6 p.m. and 6 a.m.

Refers to the wage rates paid by a significant number of employers in one or more areas of the State who employ substantial numbers of workers on two or more shifts, including a normal day shift, in a given occupation.

An occupation or occupations in private or other nonstate employment.

Class (title) or series of classes in State service having duties and responsibilities substantially the same as those of the given occupation.

Scheduled to work a shift other than a normal day shift on a basis other than a temporary basis.

Consists of an identifiable place in the State, as specified by the Director of Classification and Compensation, on the basis of geographical or other physical boundaries, with reference to the particular occupation involved and to related labor market considerations.

The additional salary (a shift pay differential) authorized by the Director of the Division of Classification and Compensation pursuant to this Part.

The Director of Classification and Compensation may, on his own initiative, subject to the approval of the Director of the Budget, authorize a shift pay differential for any class (title) or series of classes in one or more areas of the State in accordance with the provisions of subdivision 6 of section 130 of the Civil Service Law.

When the Director of Classification and Compensation finds that in a particular geographic area or areas wage practices prevailing among private and other non-State employers for a given occupation would warrant a shift pay differential for employees in the same or related occupations in the State service without, however, any substantiating evidence that such wage practices are prevailing on a Statewide basis, he may, after a hearing which shall afford the employees affected or their representatives an opportunity to appear and be heard, authorize a shift pay differential, subject to the approval of the Director of the Budget, for such same or related occupations in State service in one or more geographic areas which may vary among geographic areas and among work shifts.

An application for a shift pay differential may be filed by an employee, employee representative or appointing officer. Such application shall be submitted on a form prescribed by the Director of Classification and Compensation, which shall require, but not be limited to, the following information:

Pursuant to paragraph b of subdivision 5 of section 130 of the Civil Service Law, an employee, employee representative, or appointing officer aggrieved by a determination of the Director of Classification and Compensation may appeal from such determination to the Civil Service Commission. Such appeal must be made within 60 days after receipt of written notice of such determination. Determinations of the Civil Service Commission shall be subject to the same conditions, restrictions and limitations provided by law and implementing rules which govern determnations by the Director of Classification and Compensation.

An application filed with the Director of Classification and Compensation shall not receive favorable consideration by him under the provisions of subdivision 5 of section 130 of the Civil Service Law in any case when the application is based essentially upon:

The amount of a shift pay differential shall be determined by the Director of Classification and Compensation, with the approval of the Director of the Budget. In cases where the amount of the shift pay differential for a given class of work is not the same for all shifts other than the normal day shift, employees will be paid the amount of differential which has been authorized for work on the shift to which they are regularly assigned as defined in 143.1 (e) above. An employee re-assigned to work regularly on another shift for which a different shift pay differential has been authorized shall be paid the amount of the shift pay differential authorized for work on the shift to which he is so re-assigned.

A shift pay differential shall be terminated:

The Director of Classification and Compensation may, at his discretion, review existing shift pay differentials with reference to need or appropriateness and make such changes as may be warranted, subject to the approval of the Director of the Budget.