Is it a law to be paid for compensatory time worked either in time or pay if you work a part-time job?

Question

I was told that it is against the law to give me overtime pay or time off for work done on my own time in a part-time job. Is this true?

Answer 1

It is illegal to work "off the clock" if you are an hourly employee! Your employer must pay your wage for ALL hours worked. PERIOD! (Yes, that includes overtime hours.)

If you are salaried then it is possible for an employer to use comp time to offset a long work week and most employers do offer some comp time to salaried workers, either officially or unofficially.

Answer 2

It may depend on where you live, but usually, a company can pay you extra for additional work. Most companies do not have a policy for comp(ensation) time where they give you time off to offset the extra hours you worked because that may conflict with overtime laws.

The company may not want to pay you for extra hours because that may push you into the category of full time which may have different benefits regulations. However, most cases require you to be paid for every hour you work.

In the USA, you can contact the Wage and Hour Board for clarification. That is a state office. Also, your company is required to post a notice showing the minimum pay for your state. That notice should have a contact number to call if you have questions.

Answer 3

Were you asked to do this work by your employer?
If the employer asked you to do this work as part of your employer/ employee relationship......... and this was not a 'seperate' job, then yes he/she is obligated to adhere to labor laws and pay you overtime for anything worked past 40 hours.
If you worked.... as part of your job.... then it factors in and is added to your regular time.
The employer must adhere to the 40 hour work week rule or pay you one and one half times what you normally make per hour.

The exception to this are when you are a 'salary' employee. (Never work for salary unless you are making boat loads of money and just cannot turn it down. It is an easy way for an employer to really take advantage of you.)

Other than that, if the job is completely seperate from this job, meaning you are working for yourself and owe your employer nothing, or if you are working for a seperate employer.... then the first employer has nothing to do with that and is not subject to compensating you for time worked.

Example:
If I work at McDonalds during the day and Burger King in the evening.... McDonalds does NOT have to pay me overtime and neither does Burger King. It is two seperate jobs.
The reason for this is that McDonalds nor Burger King has the right to say .... NO i don't want you to work at McDonalds/Burger King.... you can do what you want and do not need their permission to work a second job.

If you mow grass all day on Sunday for cash from neighborhood, then work 40 hours at McDonalds.... they do not have to factor in your 'grass cutting hours' as part of the 40 hours.
They did not ask you to work on Sunday mowing grass, so they do not have to be subjected to responcibility for those 'extra' hours that you worked.

Answer 4

Do you punch a clock? If you do they have to pay you for time worked. If you work over 40 hours they have to pay you time plus half. Do not work unless you are on the clock.

Answer 5

If the comp time is not authorized by your supervisor, I am quite sure that the company does not have to pay you. I get time off for comp time if my supervisor authorizes me to work extra hours.

Answer 6

Not if this is in the private sector. If this is a government job, probably yes.

Answer 7

no. It really does depend on your individual contract. They may or may not be obliged to pay you!