Clearer Explanation

njjel · April 2002

We work a 35-hour work week. If a non-exempt employee works 37 hours (2 extra hours)that week and wants to accrue those extra 2 hours to be paid to him the following week when he needs to leave 2 hours early for a doctor's appointment - does this violate FLSA since the employee WILL be paid for the time worked - it will just be paid to him at a later date. Also, if the employee is terminated before he uses those 2 hours, he would be paid for those 2 hours in his final pay check as straight time. Any violation here?

bsa · April 2002

You are not going to like this answer. Based on the information in your previous posts, you [u]are[/u] in violation of the FLSA.

Comp time is NOT legal for a private employer. Your program sounds fair enough and your employees may love it, but it is not legal.

I am really confused about HOW your union was able to put comp time into a contract.

Hatchetman · April 2002

[font size="1" color="#FF0000"]LAST EDITED ON 04-08-02 AT 08:01PM (CST)[/font][p]Since you're identifying some work that is under 40 hours per week as possibly being "paid" as "comp time" to be used later and paid as earnings when it is used, I think you need to look at your state laws. FLSA, while it does address work as being compensable, only prohibits comp time for private employers when it is used for "payment" of overtime over 40 hours per week.

Your state's wage and hour laws may address the issue of whether or not you can "delay" payment of hours worked under 40.

dhnyct · April 2002

Without taking time to research FSLA wording, I believe it states that any work performed during the set seven-day work week must be compensated on that week. Even if the pay period covers two weeks, each week is to be calculated separately at the regular rate with overtime for anything over forty hours. On this basis, would a scheduled 35-hour work week make any difference? Any time missed during a subsequent week would be dealt with according to policy...such as applying leave time, etc.

Clearer Explanation

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