Supplemental Pay for the Officers of the Department of Public Safety (DPS) of the State of Texas
The Texas Department of Public Safety (DPS) is authorized to pay a supplement to non-exempt commissioned officers entitled to overtime pay under the Fair Labor Standard Act (FLSA).
The supplemental is different than overtime pay as it is based on the total hours worked, including any leave time taken, that exceed 40 hours in a calendar week. Overtime pay is based on hours physically worked, not including any leave time taken in a calendar week.
Supplemental pay is calculated according to the following guidelines and does not apply to the method of compensating a commissioned officer for working on regularly scheduled holidays:
- Commissioned officers who accumulate more than eight hours but less than 16 hours of overtime in a calendar month may receive an additional 5 percent added to their regular monthly salary.
A commissioned officer who completes 10 hours of overtime in a calendar month in which a federal holiday falls would be paid the supplemental pay of 5 percent of their regular monthly salary, in addition to any FLSA overtime and regular pay.
- Commissioned officers who accumulate at least 16 hours but less than 32 hours of overtime in a calendar month may receive an additional 10 percent added to their regular monthly salary.
- Commissioned officers who accumulate at least 32 hours of overtime in a calendar month may receive an additional 15 percent added to their regular monthly salary.
- Commissioned officers who accumulate less than eight hours of overtime in a calendar month are awarded the standard overtime payment of time-and-a-half and are not eligible for supplemental pay.
A commissioned officer who completes two hours of overtime in a calendar month would be paid time-and-a-half, for a total of three hours (2 x 1.5 = 3).
Commissioned officers who work on federally funded projects may receive pay supplements from the federal government for federally funded projects.
These pay supplements are not considered in determining the officer’s entitlement for state supplemental pay.
Funds are appropriated to DPS for supplemental pay distribution. If the funds appropriated to DPS are insufficient to pay overtime entitlements to commissioned officers, the director may provide for compensatory time.
The compensatory time must be taken during the biennium in which the supplemental pay was earned.
Supplemental pay does not apply to positions declared by the public safety director to be:
- Executive, or
Texas Government Code Annotated, Section 411.001(2)–(3) (Vernon 2004), Section 411.016 (Vernon 2004).