2015 Ark. 383
SUPREME COURT OF ARKANSAS
Opinion Delivered October 22, 2015
IN RE ADMINISTRATIVE
ORDER NUMBER 9 –
COMPENSATORY TIME
RECORD POLICY FOR
ARKANSAS OFFICIAL COURT
REPORTERS
PER CURIAM
Administrative Order Number 9 (A) is amended as follows:
ADMINISTRATIVE ORDER NUMBER 9
A. Procedures. To ensure statewide compliance with the Fair Labor Standards Act of
1938 (29 U.S.C. § 207(o)(6)), each official court reporter shall complete the time records
required by the Administrative Office of the Courts (“AOC”), all sections of the
Compensatory Time Record For Arkansas Official Court Reporters form, which is appended
hereto, sign the time records to certify that they it correctly reports all hours worked in excess
of the 40 hour work week that are not excluded by 29 U.S.C. § 207(o), and monthly submit
the records to his/her appointing judge for approval. The time record forms shall be approved
by the Arkansas Supreme Court, which is authorized to amend them from time to time as
may be necessary.
The appointing judge shall approve and sign each monthly record certifying that, to
the best of his/her knowledge, the time record reflects a true and accurate record of
compensatory time earned for all hours worked in excess of the 40 hour work week, as
2015 Ark. 383
defined by the Fair Labor Standards Act ("FLSA"). The appointing judge shall grant the court
reporter compensatory time at the rate of one and one-half times the number of hours worked
in excess of the 40 hour work week pursuant to this policy.
For the purpose of determining the 40 hour FLSA work week, the established work
week shall begin on Saturday at 12:01 a.m. and continue through Friday at 12:00 midnight.
Any time excluded by 29 U.S.C. § 207(o) and any time taken off for holidays, compensatory
time leave, sick leave, annual leave or any other purpose during the week shall not be counted
in determining whether the employee has worked 40 hours.
The appointing judge shall be responsible for maintaining the approved time record
and shall forward copies of the previous three months records within the first fifteen days of
every calendar quarter (i.e., January 15, April 15, July 15, and October 15) to the
Administrative Office of the Courts ("AOC") at the time and in the manner directed by the
AOC. The time records shall be retained by the AOC for the period required by law.three
years or until completion of an audit by the State Auditor's Office of the AOC, whichever
is longer.
Court reporters shall be permitted to use accrued compensatory time as soon as possible
when the court is not in session and without unduly disrupting the operations of the court.
The appointing judge shall approve use of compensatory time. Compensatory time may be
used in lieu of sick leave or annual leave.
Under no circumstances shall the outstanding balance of compensatory time exceed
90 hours. The appointing judges are responsible for ensuring that court reporters do not
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exceed this maximum balance of compensatory time.
Accrued compensatory time should be used prior to the employee's termination of
employment. If accrued compensatory time is not used prior to the employee's termination
of employment, the appointing judge shall hold the official court reporter position vacant for
a period equivalent to the period for which accrued compensatory time is paid. The payment
for compensatory time shall be at the ending rate of pay for the employee.
The compensatory time records for official reporters is not intended for use by
substitute court reporters. Substitute court reporters shall be governed by the provisions of
Ark. Code Ann. § 16-13-509 as described in the AOC publication, Arkansas State Trial
Court Employee Manual Employment Guide.
B. Enforcement. The failure of court reporters to comply with the requirements of this
Order shall constitute grounds for discipline under the provisions of Section 19(c) of the
Regulations of the Board of Certified Court Reporter Examiners and Section 7 of the Rule
Providing for Certification of Court Reporters. (ii) The failure of appointing judges to
comply with the requirements of this Order shall constitute grounds for discipline under the
provisions of Canon 3 (C) of the Arkansas Code of Judicial Conduct.
Except for these amendments, which are effective immediately, no other term or
provision of Administrative Order Number 9 is amended, and it shall remain in full force and
effect.
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CLEAN VERSION
A. Procedures. To ensure statewide compliance with the Fair Labor Standards Act of
1938 (29 U.S.C. § 207(o)(6)), each official court reporter shall complete the time records
required by the Administrative Office of the Courts (“AOC”), sign the time records to certify
that they correctly report all hours worked in excess of the 40 hour work week that are not
excluded by 29 U.S.C. § 207(o), and monthly submit the records to his/her appointing judge
for approval. The time record forms shall be prepared by the AOC, which is authorized to
amend them from time to time as may be necessary.
The appointing judge shall approve and sign each monthly record certifying that, to
the best of his/her knowledge, the time record reflects a true and accurate record of
compensatory time earned for all hours worked in excess of the 40 hour work week, as
defined by the Fair Labor Standards Act ("FLSA"). The appointing judge shall grant the court
reporter compensatory time at the rate of one and one-half times the number of hours worked
in excess of the 40 hour work week pursuant to this policy.
For the purpose of determining the 40 hour FLSA work week, the established work
week shall begin on Saturday at 12:01 a.m. and continue through Friday at 12:00 midnight.
Any time excluded by 29 U.S.C. § 207(o) and any time taken off for holidays, compensatory
time leave, sick leave, annual leave or any other purpose during the week shall not be counted
in determining whether the employee has worked 40 hours.
The appointing judge shall be responsible for maintaining the approved time record
and shall forward copies to the AOC at the time and in the manner directed by the AOC.
The time records shall be retained by the AOC for the period required by law.
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Court reporters shall be permitted to use accrued compensatory time as soon as possible
when the court is not in session and without unduly disrupting the operations of the court.
The appointing judge shall approve use of compensatory time. Compensatory time may be
used in lieu of sick leave or annual leave.
Under no circumstances shall the outstanding balance of compensatory time exceed
90 hours. The appointing judges are responsible for ensuring that court reporters do not
exceed this maximum balance of compensatory time.
Accrued compensatory time should be used prior to the employee's termination of
employment. If accrued compensatory time is not used prior to the employee's termination
of employment, the appointing judge shall hold the official court reporter position vacant for
a period equivalent to the period for which accrued compensatory time is paid. The payment
for compensatory time shall be at the ending rate of pay for the employee.
The compensatory time records for official reporters is not intended for use by
substitute court reporters. Substitute court reporters shall be governed by the provisions of
Ark. Code Ann. § 16-13-509 as described in the AOC publication, Arkansas State Trial
Court Employment Guide.
B. Enforcement. (i) The failure of court reporters to comply with the requirements of
this Order shall constitute grounds for discipline under the provisions of Section 19(c) of the
Regulations of the Board of Certified Court Reporter Examiners and Section 7 of the Rule
Providing for Certification of Court Reporters. (ii) The failure of appointing judges to
comply with the requirements of this Order shall constitute grounds for discipline under the
provisions of Canon 3 (C) of the Arkansas Code of Judicial Conduct.
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