New FLSA Special Report and Comp time

RT2

On page 47,the new special report on FLSA states "Most courts agree that requiring employees to use accrued comp time violates the FLSA. . ."

What about Christensen v. Harris County, Texas, No. 98-1167?, a federal Supreme Court case decided in 2000? It held "[n]othing in the FLSA or its implementing regulations prohibits a public employer from compelling the use of compensatory time."

It hasn't been overturned, has it?

awilliams

RT2,

Christensen is still good law. It applies to employees in the public sector, such as states, counties, municipalities, etc. In general, those governmental employers may require employees to use comp time rather than pay them overtime (subject to some exceptions).

It is true, however, that PRIVATE employers may not require the use of comp time in lieu of overtime wages.

I hope this helps.


Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC

RT2

Thanks, Anne! I'll resume breathing (about two weeks ago I told approximately 200 public employer attorneys they could require employees to use comp time!)

Don D

I can't imagine that this was a shock to them. Public employer attorneys should be aware of the FLSA standards that apply to the public workforce. They should have been aware of the comp time regulations covered in the Act. Is there some reason that the attorneys in your particular jusrisdiction were not aware of this?