Comp Time In Lieu of Overtime?

brown

Where the employer is not a public agency, is there any other way to permit an employee to receive comp time instead of overtime, particularly where the employee so requests, without violating the FLSA?

Hunter1

I believe you can use compensatory time, but in such limited circumstances that it probably doesn't pay: The comp time must be taken in the same pay period in which it was earned. If employees are paid each week, the comp time must be taken in that week. (For example, employee works 8 hours Mon, Tue, Wed, then 12 hours on Thur, you could allow the employee to work 4 hours on Fri for a total of 40 hours during the week.) If employees are paid every two weeks, comp time could be taken in the second week of the same pay period during which it was earned. (In other words, if an employee worked 42 hours in the first week and 'earned' 3 hours of comp time, they could work 37 hours in the second week.)

sonny

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In my narrow little world I would call the above flex time . .time is flexed within the week. .hour for hour. There is nothing wrong with this and i do it often, myself. I have always defined comp. time as 1 1/2 x hour. Instead of x and 1/2 money you would get it in time. I thought if you were not in the public sector you could not do it.

Hunter1

You may notice that my second example is at time and one-half, and that's the way it has to be if there are more than 40 hours worked in a given work week.

sonny

Sorry, it is Friday, pleases forgive.