§ 134. Work week of state officers and employees for basic annual\nsalaries; overtime compensation. 1. For all state officers and\nemployees, other than officers and employees of the legislature and the\njudiciary and other than those who shall be excluded pursuant to the\nrules and regulations hereafter mentioned, the workweek for basic annual\nsalary shall not be more than forty-hours; and, notwithstanding any\ninconsistent provisions of law, and subject to the rules and regulations\npromulgated by the director of the budget, any such state officer and\nemployee who is authorized or required to work more than forty hours in\nany week in their regular position or title or in a position the title\nof which is allocated to the same salary grade as their regular\nposition, shall receive overtime compensation for the hours worked in\nexcess of forty in each week at one and one-half times the hourly rate\nof pay received by such employee in their regular position; provided,\nhowever, that an employee not subject to the overtime provisions of the\nfederal "Fair Labor Standards Act of 1938" as amended by the federal\n"Fair Labor Standards Amendments of 1966", being public law six hundred\none of the eighty-ninth congress, as approved September twenty-three,\nnineteen hundred sixty-six, and all acts amendatory thereof and\nsupplementary thereto, may by written agreement with their proper\nauthority exchange hours of work with other employees doing similar work\nin the same state institution or other state governmental unit without\novertime compensation. Upon the approval of the director of the budget a\nmember of the state police may be considered to have worked, for the\npurpose of determining overtime compensation pursuant to the provisions\nof this section, a minimum of four hours each time they are recalled to\nwork overtime after completing their scheduled work period and leaving\ntheir scheduled work station or may be considered to have worked a\nminimum of two hours each time they are scheduled to return and returns\nto duty to work overtime for the purpose of making an appearance in\ncourt after completing their regularly scheduled work period and leaving\ntheir regularly scheduled work station. Upon the approval of the\ndirector of the budget an employee may be considered to have worked, for\nthe purpose of determining overtime compensation pursuant to the\nprovisions of this section, a minimum of one-half day each time they are\nrecalled to work overtime after completing their scheduled work period\nand leaving their scheduled work station; provided, however, that,\nsubject to the terms of an agreement negotiated between the state and an\nemployee organization pursuant to article fourteen of the civil service\nlaw, an employee recalled to work may be considered to have worked less\nthan a minimum of one-half day and an employee recalled to work more\nthan once during a period of one-half day commencing with the onset of\nthe initial recall will not be entitled to more than one-half day of\novertime credit unless more than one-half day is actually worked. When\nan employee shall work overtime in a position which has a title which is\nallocated to a lower salary grade than the salary grade to which the\ntitle of their regular position is allocated, they shall receive\novertime compensation at one and one-half times the hourly rate of pay\nof the maximum salary of the grade of the position in which they shall\nwork overtime, or such maximum salary plus the additional increment or\nincrements, if they would be entitled to such additional increment or\nincrements were they then appointed to such position; provided, however,\nthat when such hourly rate exceeds the hourly rate of pay received by\nthem in their regular position, they shall receive one and one-half\ntimes the hourly rate of their regular position. When an employee works\novertime in a position allocated to a salary grade higher than the\nsalary grade to which thei
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