Comp time in lieu of overtime pay?

Question

My company offers employees the opportunity to earn comp time in lieu of overtime pay. However, we are required to work over 44 hours a week before comp time will begin accruing. So, if I was to work 45 hours in a week, I will have earned 1 hour of comp time. Are there any laws saying that it has to be over 44 hours? It would seem fair if it was anything over 40 was considered comp time. I have heard of the Taft-Hartley Act, but I am unsure of how to address this issue with the Directors at my place of employment.

My company offers employees the opportunity to earn comp time in lieu of overtime pay. However, we are required to work over 44 hours a week before comp time will begin accruing. So, if I was to work 45 hours in a week, I will have earned 1 hour of comp time. Are there any laws saying that it has to be over 44 hours? It would seem fair if it was anything over 40 was considered comp time. I have heard of the Taft-Hartley Act, but I am unsure of how to address this issue with the Directors at my place of employment.

We are a non-profit organization in the Ohio.

Answer 1

It depends on your status at work. Certain classes of employees (non-exempt) must be paid for their overtime work in accordance with the Fair Labor Standards Act. Whether or not one is classed as exempt depends on the job. Here's a site that may help you sort out your position: http://www.management-advantage.com/products/overtime-exempt.html.

Also, if you have an employment contract or employee manual, read it carefully. Your question may be answered there.

My husband is in a middle management position at his company, and is considered exempt. He is paid straight time for overtime, and nothing counts until it is over 44 hours in a week, then all of it counts. So he never works overtime unless he knows it will be more than four hours!

I am in management, and am "paid" comp time only, no overtime. My salary is intended to recompense me for getting the job done, not just for showing up at a certain time and hanging around. Works for me.

Answer 2

I'm not sure what state you are in. I have worked for a university before and I was given the choice of comp time or overtime. They only allowed you to change this option once a year but it was an available choice. In California, where I worked, the comp time was paid out upon termination, same as vacation pay. And honestly, if I worked overtime, I needed the rest of a day off more than I needed a few more dollars in my bank account. Now that I'm in the private sector, I really miss that comp time! Here is what the california regents say about the choice: For overtime which is compensable at the premium rate, the method of compensation (either compensatory time off or pay) shall be at management discretion, unless agreement regarding the method of compensation is not reached, in which case pay shall be provided instead of compensatory time off. An employee must also be permitted to use the compensatory time within a reasonable period after making a request if the use of the compensatory time does not unduly disrupt the operations of the department. I'm not sure if I'm reading it right, but it seems to say that management can choose the method (but then the mentioning of an 'agreement' makes it seem like you can ask for comp time but management does not have to approve it, in which case, it would default to pay). You should be able to ask your HR department to help you find the policy for your university and to help you understand it. You also may be in a union and you can contact your union rep for help with this.

Answer 3

Assuming that you are in the USA, and that you are an hourly employee and not a salaried employee:

Labor laws require employers to pay overtime (they cannot give comp time in lieu of overtime) when an employee works over the regular hours in a week.

Example: If the company's regular work hours are 38.75 per week and an hourly employee works 42 hours for the week, then the employer pays straight time for 38.75 hours and time & a half for 3.25 hours. And if the hourly employee works on a holiday, then it's double time.

Answer 4

Regulation by Department of Labor, employer needs to either pay you for overtime or give you comp time if you work over 40 hours a week.

The best way is to get the policy from your HR director in writing and send a copy to the labor department to see if everything is in order.

You should square out your employment policy before you get seriously committed in your work. Its a horrible feeling to find out you got ripped off by your employer who you've been sweating for at your job.

I had a small company employer that always require us to work overtime but won't give us neither comp time or overtime. You can just tell people that work there aren't happy by their face expression.

Take it up to the labor department, give them a call and you should get some answers.

Answer 5

So ... is you get comp time after 44 hours, do you get any overtime for the hours between 40 and 44? I've never stayed with any place that paid comp time, though I now work on salary.

Answer 6

Form a class action suit with other employees at your company and hire an attorney to sue these unscrupulous bast*ards. What they're doing is illegal. Overtime or comp time must begin after 40 hours, not 44.

Answer 7

sounds a bit sticky to me.
but they are probably staying just in side
the guid lines on this one.

my company forces me to work 200 hrs
which goes into a time bank ( 5 weeks )
at the time you reach your 200 hrs,they are supposed to let you
go off for 3 weeks with pay, last year I hit myu 200 hrs
of accumulated time bank,and every time I ask for time off
I am refused. we are also forcded to work 9 hrs a day,instaed
of the normal 8,or we do not get a lunch or break.

also after accumulating 200 hrs,they have to pay me
any time over that at 1.5, or time and a half.

last year I made almost 8 thousand dollars more thatn when
they started this crap,and this year I am pushing to make
at least 10,000 dollars more thatn two years ago.

so who;s winning and who;s losing ?

I don;t know, but it sure is nice to have all that
extra cash lying around,and eventually I;ll get my five weeks
in time off or payed ! it just cannot disapear.

Answer 8

I think they can do this as long as you are getting payed over time for hr 41-43 and you are played by the hr. In some cases they do not have to pay or give you comp. time if you are a professional! You can find everything you need to know at the U.S. Department of Labor website! the URL is: http://www.dol.gov/ have fun!

Answer 9

Yes, any state law will tell you that overtime only counts after 44 hours a week.

Answer 10

Are you an hourly employee or a salaried exempt employee? The laws on this sort of thing will depend on that, I think.

If you are a straight-up hourly employee, I'm pretty sure that practice is illegal. If you're salaried exempt, you are not legally entitled to any overtime compensation.