Comp time - again
annie1992
79 Posts
I work in county government. Several years ago our county administrator decided there would be no overtime paid, everyone would get comp time. Some of the employees are union employees and that agreement has been included in their contract. Some other employees are "unclassified" and were simply told that they had no choice.
First, it was my understanding that employees had to "agree" to accept compensatory time in lieu of overtime. That is not the "big" issue, however.
Our administrator has an overworked and underpaid, greatly harrassed secretary. She works significantly more than 40 hours a week, and has been informed that she may accumulate comp time. When she actually attempts to take any time off, her requests are refused. If a request is granted, she then catches heck because she's "behind" on her work when she returns. Basically, this girl is required to work a lot of hours, but never allowed to take the compensatory time she is accruing. I am certain this was not the intent of the law. Can anyone tell me whether this is really OK, and point me to the portion of FLSA that governs compensatory time?
First, it was my understanding that employees had to "agree" to accept compensatory time in lieu of overtime. That is not the "big" issue, however.
Our administrator has an overworked and underpaid, greatly harrassed secretary. She works significantly more than 40 hours a week, and has been informed that she may accumulate comp time. When she actually attempts to take any time off, her requests are refused. If a request is granted, she then catches heck because she's "behind" on her work when she returns. Basically, this girl is required to work a lot of hours, but never allowed to take the compensatory time she is accruing. I am certain this was not the intent of the law. Can anyone tell me whether this is really OK, and point me to the portion of FLSA that governs compensatory time?
Comments
If your jurisdiction has approved comp time for overtime, under FLSA there is a maximum of 480 hour that can be accrued (320 hours of work at time and a half). Of course, the arrangement can be a combination of comp time and paid time so that it comes to time and a half.
The regs also provide that an employee is entitled to take the comp time off within a reasonable period, and a request for comp time off may not be denied unless taking it off would cause undue disruption to the operations. Mere inconvenience is insufficient for a manager to deny a request.
Under FLSA, also, the comp time that is earned and not used, has to be paid out at the rate specified in the regulation, when the emplyee terminates employment.
Regarding an agreement, the regs do indcate that there does need to be some for of agreement, although it need not be express or in writing, but can be an "understanding" between the employee and the County (represented by the manager ro supervisor).
Take a look at the specific FLSA regulations addressing comp time in lieu of paid overtime for public sector employees. The regulations are in the Code of Federal Regulations, volume 29, Section 553.23 and .25 and 2.6 and .27
[url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr553_98.html[/url]