You may be familiar with the term “comp time.” Comp time refers to the practice of allowing an employee to take extra time off work after a long week rather than paying overtime. What you may not know is that, in most cases, the practice is illegal if you work for a private non-governmental employer and you are a “non-exempt” worker who is otherwise entitled to overtime pay. If you need more information about your country`s comp-time law or would like to report a potential violation of state law, you can contact your country`s agency that deals with violations of wage and hourly/occupational standards listed on the government authorities page of our website. Since compensation time is granted instead of overtime pay, it cannot be paid like other forms of paid free time. Health workers, first responders, first responders and seasonal government employees can earn up to 480 hours of compensation. Other government employees have a limit of 240 hours per year. Once you`ve saved compensation time, your employer should allow you to take it as long as it doesn`t disrupt the essential activity. Compensation time and overtime pay are the two methods of compensating staff for overtime they work. If workers receive compensatory compensation instead of overtime pay, the worker is entitled to one and a half hours of compensation for each hour he has worked. This should ensure that they will receive the same value for their work as they would have received for an additional hour and a half. Private sector employers have the legal right to offer exempt workers in accordance with flsa 207(o) compensation period. However, exempt employees do not need a comp.
Under the FSL, exempt workers are not entitled to overtime pay, so any offer of more than 40 hours per week is left to the sole discretion of the employer. Yes. An exempt employee must use the comp period accumulated within 26 salary periods of the salary period in which he earned it. If it is not used during the 26 salary periods or if the employee moves to another agency, the employee can get the comp time earned at the overtime rate. Alternatively, they may lose unused free time unless the non-use of comp time is due to a service requirement that is not controlled by the employee. A survey of 500 business leaders showed that nearly 30% sometimes or regularly use comp time with unsastified employees. Mykkah Herner, modern compensation evangelist at PayScale, says: “The poll results don`t surprise me too much. In fact, in my experience, this number could be even higher, because not everyone is ready to recognize this practice in writing. While it is important to consider the legal aspects of the comp period, business owners and executives should also consider the impact on morality. “And it`s about making sure that the way you pay your employees matches the stories people are supposed to tell about your company,” Says Mykkah.
“Companies should be wary of the message they send to their employees through the compensation decisions they make. If employees jump through elaborate tires to avoid overtime pay, or ask them to accept comp time rather than pay, it can send a message to staff that the organization appreciates their efforts, but only if it`s comfortable and affordable for the organization. “Your national labor law may have different deadlines for recovering unpaid wages or comp. For more information, select your state from the map below or from this list. Yes. Whether you are entitled to overtime pay for more than 40 hours per week depends on your exceptional status under the Fair Labor Standards Act (FLSA). What for? “For some employers, the rigidity of the FLSA`s overtime rules may seem restrictive. However, I would encourage employers to consider the intent of the law: to protect employees in situations where officers and employers endanger the safety of employees. . . .