|
Orlando,
Florida Overtime Lawyer / Attorney
Can my employer
provide me with "comp time" instead of paying me
overtime?
(Back to Questions)
With very few exceptions, it is illegal in the
private sector to give "comp time" (compensatory
time) to an employee in order to avoid paying
them time-and-a-half for hours that they work in
excess of 40 per week. In other words, it is
illegal to "carry hours" of an employee from one
week to the next to avoid having to give
overtime pay.
To attempt to relieve themselves of liability
for overtime pay, employers sometimes grant
time-off in lieu of paying overtime pay
(commonly called "comp time"). Such time-off
plans can avoid an employer's overtime pay
liability under the FLSA only if the time-off
plan is properly structured and carefully
administered. Unfortunately, unless an employer
carefully meets the requirements for a valid
time-off plan, the employer can be in the
unenviable position of having granted an
employee paid time-off and still being liable to
the employee for overtime pay.
Time-off arrangements are permitted under the
FLSA only in very limited circumstances and if
specific arrangements are met. For example, one
requirement is that the time-off must be given
in the same pay period in which the overtime was
worked. Rarely have employers taken that or any
of the other requirements into account in
structuring their time-off plans. In most cases,
if an employer is granting time-off in lieu of
paying of overtime pay to its nonexempt
employees, it probably has not removed its
overtime pay liability.
The FLSA does permit public employers to utilize
a compensatory paid time-off plan in lieu of
payment of overtime pay to its nonexempt
employees. Specific requirements exist with
respect to such compensatory time-off plans by
public employers. Those requirements and rules
do not apply to private employers.
Even if an employer structures a time-off plan
that meets the FLSA's requirements, it still may
not be permitted under an applicable state law.
(Back to Questions)
For a confidential
consultation regarding potential employment
dispute cases, contact the Law Office of N. James
Turner, Esq., P.A. at
(407) 422-6464 or email
us by utilizing our confidential
submission form.
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