Comp time vs. Overtime
Dtaylor
3 Posts
Since this is the first time I've posted here let me introduce myself. I am an HR Coordinator for a law firm in Norfolk, Virginia. Most of what I've learned has been on the job jump feet first!
With that being said, I'm having a difficult time understanding comp time vs. overtime. We have employees that will be working a Saturday. The Partners want to offer comp time in place of overtime hours. Is comp time considered time off with pay just not paying at the overtime rate? I'm sorry to sound so stupid, but for some reason I'm having a hard time digesting this concept.
Any help would be greatly appreciated!
With that being said, I'm having a difficult time understanding comp time vs. overtime. We have employees that will be working a Saturday. The Partners want to offer comp time in place of overtime hours. Is comp time considered time off with pay just not paying at the overtime rate? I'm sorry to sound so stupid, but for some reason I'm having a hard time digesting this concept.
Any help would be greatly appreciated!
Comments
For non-exempt personnel, they must receive overtime compensation (at one and one half times their regular rate) for all hours over 40 in a workweek. Compensatory time off in lieu of overtime compensation is not permitted.
Note however, that if the non-exempt employees are given hours off during the same week (for example, they get off at noon Wednesday of the same workweek in which they will work a half day Saturday), then there is not necessarily an overtime compensation issue, as the person is still not working over 40 hours in a workweek.
I know that there are HR professionals out there who just chuckle hearing that a law firm hasn't gotten outside legal advice on this issue!
David E. Nagle
Editor, Virginia Employment Law Letter
(804) 343-4077
[email]dnagle@leclairryan.com[/email]
But, the rub comes when, over the course of time, your firm has done this again and again, never paid overtime, always just granted comp time off to compensate for the hours, everyone seems perfectly happy with this arrangement, and BAM!, out of the blue you have a DOL investigator at your door with a complaint someone has filed for non-payment of overtime. Your firm will be writing checks to everybody in sight, current and former employees included. And fines could be imposed.
If anyone at your firm is involved in labor law issues, they will surely reinforce this requirement for you.
I just want to have it all together when I'm asked about this in the Partner's meeting. I really appreciate the help and apologize for not understanding/knowing this completely.
Ultimately, most of us eventually have to fall back on the safest answer which is to consult with a legal mind that knows the law and what to do to keep your firm out of trouble, before you make a decision. Hopefully, your law firm has such people, but if not then you may need to recommend to your bosses that they think about retaining someone outside your firm who will have a neutral viewpoint.
Good luck and come back again.