Wage and Hour Issues

Is my employer’s comp time policy legal? Ohio Overtime Attorney

By May 18, 2017 February 27th, 2018 One Comment

Non-exempt employees must be paid overtime wages for hours worked over 40 per week. Comp time is an unlawful means of avoiding overtime pay.

Private sector employers cannot offer compensatory time, or comp time, to hourly, non-exempt employees.

What is “comp time”? Most policies provide that when a hourly non-exempt employees works over 40 hours in a given workweek, the hours over 40 are banked. These hours can then be applied to subsequent weeks where the employee needs time off for one reason or another.

Comp time policies for hourly, non-exempt employees violate the Fair Labor Standards Act (“FLSA”) because non-exempt employees are entitled to time and a half, or overtime wages, for all hours worked over 40 per week. When an employer banks the employees hours over 40 in any workweek, it is failing to pay those employees the benefit of overtime compensation that they are entitled to. Private sector employers may, however, have a comp time policy for their exempt employees under the FLSA subject to certain requirements. Also, public sector employers may have comp time for both exempt and non-exempt employees subject to certain requirements.

If you are an hourly, non-exempt employee who works for a private employer with a comp time policy, then your employer is violating the FLSA. Employees who prove violations of the FLSA are entitled to their unpaid overtime wages, liquidated damages equal to their unpaid overtime wages, and attorney’s fees and costs.

Our Ohio overtime attorney is here to speak with you about any wage and hour issues you may have with your employer. If you have any questions about your employers’ comp time policy regardless of whether you are a public or private sector exempt or non-exempt employee. We look forward to the opportunity to discuss your compensation issues with you. Call our office today for a FREE consultation at 1-614-949-1181 to speak with an Ohio overtime attorney who handles wage and hour issues.

One Comment

  • OHIO – Private sector: Can we (employer) offer comp time if the comp hours paid in one week are paid as ‘worked’ hours in the next week OF THE SAME PAY PERIOD? Meaning, the EE works over 40 hours 1 week under a different earnings code but not considered OT but the next week (in the same pay period) they take those comp hours off.
    Week One: 45 worked (non OT) hours / Week Two: 35 worked hours = 80 hours for the pay period.

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