Comp Time

BISD

Our district delayed the start of school because one new campus was not ready to be occupied. When school finally started, everyone had worked a lot of extra hours during a couple of weeks. An extremly good campus secretary who is not an exempt employee has worked 60 extra hours for which the business office says they will not pay her. She does not know if she has been granted comp time for these hours, but as she said, it is impossible for her to take the time off. Now, she has given her two weeks notice. It is my understanding that if the employee works the hours, she is entitled to compensation. If she worked the hours when told not to work extra hours, she can be disciplined for it, but still must be paid.

My questions are: 1. Am I correct in thinking the district must pay the secretary the extra overtime in money or comp time even if she was told not to put in extra time? (I don't think anyone told her not to work extra hours during this critical time.) 2. How do you force employees to take comp time when their job responsiblities do not allow the time off? Her work load will double while she is out. 3. Now that she has given her two week notice, how do we clear up the comp issue before she leaves? She is an extremely dedicated employee and feels she needs the two weeks to train her replacement.

njjel

School districts are sometimes out of the norm, but I believe you will have to pay her. Especially if she was permitted to work and was doing so with the knowledge of management.

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 10-30-03 AT 12:58PM (CST)[/font][p]Are you a public school district? If so, even you must have the compt time agreement in writing 'before' the time is worked, or you cannot take advantage of it. Since sh'e leaving, it may be amoot point in any event. If she worked, the school knew it and didn't stop her, you will pay one way or another, sooner or later. If you choose later, she will be entitled to double damages for your failure to pay in accord with FLSA. She will also be entitled to 'actual attorney fees' for the pleasure of suing you!