(1) It is the policy of the state of Montana to comply with the federal Fair Labor Standards Act of 1938 (FLSA, Title 29 USCA, Chap. 8, Sec. 201-219, as amended) and federal regulations adopted by the U.S. Department of Labor's Wage and Hour Division (Title 29 CFR, Chap. 500, as amended) , in the administration of overtime compensation and nonexempt compensatory time in lieu of over-time compensation for state employees subject to the provisions of the act and its regulations.

(2) Nothing in this policy guarantees that a covered employee will be allowed to work hours which result in the payment of overtime compensation or the accrual of nonexempt compensatory time in lieu of overtime compensation. Each request to work such hours and to compensate the covered employee for such hours shall be approved or disapproved by the agency, in compliance with the FLSA, federal regulations, this policy, and additional agency procedures.

(3) The objectives of this policy are:

(a) to adopt rules for the administration of overtime compensation and nonexempt compensatory time which are in addition to the requirements of the FLSA and its regulations;

(b) to direct agencies that they are required to ad-minister overtime compensation and nonexempt compensatory time in lieu of overtime compensation for covered employees in accordance with the FLSA (Title 29 USCA, Chap. 8, Sec. 201-219, as amended) , regulations adopted by the U.S. Department of Labor's Wage and Hour Division (29 CFR, Chap. 500, as amended) , this policy, and additional agency procedures; and

(c) to direct agencies that certain covered employees, such as fire fighters and law enforcement personnel, may have a partial exemption from the overtime pay provisions of the FLSA. Section 7 of the FLSA describes covered employees with partial exemptions and 29 CFR Part 553 Subpart C further explains the partial exemption for fire fighters and law enforcement personnel. Covered employees who qualify for a partial exemption under the FLSA are covered by the additional requirements set by this policy after the partial exemption has been met.