P/T - Exempt - Comp Time?

njjel · October 2003

We are currently addressing requests for exempt ee's to reduce their work hours. We work a 35 hour work week. Our full time exempts earn comp time for every hour worked over 40 in a week up to a maximum of 35 per year. We are considering our options for part time workers who are exempt (lawyers). Any suggestions?

marc · October 2003

I may swim against the current on this one, but it just goes against the grain to log earned comp time for otherwise exempt ees, and lawyers no less! We used to do what you are suggesting a few years ago, and we had management ees who were carrying around humdreds of hours of comp time. We finally started looking at that practice when we put one of our managers in charge of HR. Growth had demanded more attention to the area. Once she was done with her research, we went to the more traditional approach to exempt ees which basically meant no recognition of overtime. We had the flip side of it also, if an ee showed up and opened their door, they were paid for the whole day. If they did not show up at all, they had to use some sort of banked time, whether it was a well-day or a vacation day or a sick day (in the event of illness).I know governmental ees can earn comp time, I just don't agree with it.

mwild31 · October 2003

I'm with Marc on this one. I just don't believe in comp. time for exempt employees - it becomes way too murky. I'm exempt - have been for 10 years (5 more if you count my time in the military) & working more or less hours simply goes with the territory. If you need a policy/guidance/information - I would see if there was something available on the SHRM site, this one or do some research on the 'net - I personally like google. Sorry I can't be of more assistance!

Hatchetman · October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-22-03 AT 09:13PM (CST)[/font][p]FLSA regulation -- 29CFR541.314 -- specifically provides that lawyers, doctors, and scholl teachers practicing in their professions are not required to be salaried in order to be exempt.

If your lawyers are truly working as attorneys (doing "lawyering" as contemplated by their license), then they do not have to meet the salary test in order to be exempt. You can pay them hourly. As exempts, they of course, don't have to be paid time-and-a-half for anything over 40 hours a week. And as hourly, you may dock from their compensation, partial day's absences without loss of exempt status. So, you can pay the part-timers and full-timers for all of their individual hours, straight rate, if you want. You can even issue "comp time" for time worked beyond their scheduled hours. Of course that doesn't address other issues, such as morale and employee relations impact.

[url]http://a257.g.akamaitech.net/7/257/2422/08aug20031600/edocket.access.gpo.gov/cfr_2003/julqtr/29cfr541.314.htm[/url]

Gracie · October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-23-03 AT 06:46AM (CST)[/font][p]Hatchetman,
Your resources are always so useful. Would it be possible for you to share all FLSA documents like the ones you listed telling us the website and how to acces it? Please advise. Thanks.

Shadowfax · October 2003

May we assume you are a public sector employer? If not, comp time is not an issue.

njjel · October 2003

First thanks for all of your input. The issue I was trying to get addressed wasn't whether or not comp time should be issued (it IS issued in our firm and has been for a long time so that will not change. We have a cap on the amount of comp time that can be earned in a year and it can not be carried over). What I wanted to address was how we should work the comp time for those who were working full time but are now reducing their hours to part time. Do any of you have this situation and if so how do you work it? Thanks.

Pork · October 2003

NJJEL: SIMPLE, USE UP THE STORED OR ACCUMALATED COMP TIME AT WHATEVER NUMBER IS AGREEABLE WITH THE ATTORNEY EE DURING THE WEEKS IN WHICH THEY WORK LESS THAN 40 HOURS. Given no comp time, they simply get the number of hours worked times their $150.00 per hour worked rate.

One should not be able to accumalate comp time for a less than 40 hour work week say 32 hours per week. Your company is reducing the available working hours for a business reason, most likely to cut operating expense. To then add perks to the most highly paid ee (attorney dawgs) is not good for the other ees who could eventually loose their positions because we did not make the distribution of expense and time equal for all.

PORK

njjel · October 2003

PORK - Our workweek is 35 hours. Also we are non profit and our attorneys sure don't make $150/hour. We all wish they did! :-) I tend to agree with you however that if a person is working a reduced work schedule they should not be able to accrue comp time. After all, THEY are the ones who wish to work less hours in the first place. The company has not reduced their hours! Our organization has a history and culture of being "warm and fuzzy" which is why I believe upper management is even considering this. Me, personally? I would've never even considered it.

P/T - Exempt - Comp Time?

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