(A) Overtime for official court reporters shall be earned and compensated for as provided in the overtime policies in the Nebraska Supreme Court Personnel Policies & Procedures, except as otherwise provided by the Court Reporter Fair Labor Amendments of 1995, 29 U.S.C. § 270(o)(6) and these rules. Except in cases of emergency, no overtime shall be approved during a workweek in which the reporter has engaged in freelance transcription under § 1-211(B)(3).
(B) Any hours spent performing "freelance" transcription of court proceedings shall not be counted as "hours worked" for purposes of the overtime provisions of the Fair Labor Standards Act if:
(1) the reporter is being paid not less than maximum per page rate established by § 1-219, or the per page rate freely negotiated between the reporter and the party requesting the transcript (other than the judge who presided over the proceedings), and
(2) the hours spent performing such duties are outside the hours such reporter performs other work (including hours for which the court requires the reporter's attendance) pursuant to the employment relationship with the court; e.g., leave without pay, lunch hours, vacation leave, compensatory time off, or time where the reporter's attendance at any designated workplace is not required by the appointing judge, the judge's substitute, or the State Court Administrator.
Rule 14 adopted June 19, 1996; Rule 14(1) amended June 22, 2005. Renumbered and codified as § 1-214, effective July 18, 2008; § 1-214 renumbered to § 1-215 and amended June 9, 2010.