Am I required to accept comp time in lieu of overtime?
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Am I required to accept comp time in lieu of overtime?
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I have been working at this university for three months and am classified as temporary part-time but I work over 40 hours most weeks. I have accumulated over 60 hours of overtime but the school says their policy is to not pay overtime but to use comp time instead. Using my comp time means getting approval from my supervisor first and also "earning" comp time aka working extra hours a week. I've read all of the regulations from the FLSA and the university systems board of regents and I'm pretty sure that I'm non-exempt and eligible to be paid overtime. FLSA says that certain public agencies can offer comp time in lieu of overtime but it doesn't say how that money needs to be paid out. I've never had a choice between choosing comp time or getting paid overtime. My question is; is it legal for them to require me to use their system of comp time pay out or do I legally get to decide between comp time or overtime?
Additional Details
I know that their use of comp time is legal. I also know that employers need to make an arrangement with employees about overtime and comp time before the hours are worked in order to maintain effective policies. My overtime hours we already worked, after which I was told "We don'y pay overtime". It seems as though there should have been an agreement between myself and my employer that I would accept their policy of comp time accrual BEFORE I worked overtime in order for this policy to be legal. Also, my immediate supervisor didn't tell me I couldn't work overtime or that I wouldn't get paid more than 40 hours a week until after my first paycheck. Yes, I am grateful to have a job, but this is still business and if I'm owed money and I want it I feel as though it's not ungrateful to find out if I can get it.
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Judy
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No, their "policy" is not legal - they have to pay the OT, aren't even allowed to substitute comp time even if you agree. A policy to not allow people to WORK ot is legal, but if they require or allow you to work ot, they have to pay you for it.
As a temp pt worker, you aren't exempt. |
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michr
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if it is a public university then the use of comp time is LEGAL under FLSA..... the use of comp time is legal for all government entities that are covered by FLSA.......
you stated you knew that by reading the statutes and you are correct.
comp time is also legal in some states for private businesses that are not covered by FLSA....
FLSA does NOT cover all employers however it does cover most schools, government agencies, health care providers, interstate businesses, and enterprises with gross revenues in excess of $500,000.00 a year.
so the university is covered by FLSA and state law and if it is a public university it is probably exempt from overtime laws which means comp time is legal....
so many answers from those who don't understand how the laws work and what businesses are covered...............
state laws cover almost all the businesses in the state (even some small businesses are exempt from state labor laws in some states), when a state law and FLSA (federal law) both happen to cover a business the law that provides the most benefit must be followed...
but if FLSA does not cover the business then just the state laws would apply to it........ |
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B
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I'm not sure what state you are in. I have worked for a university before and I was given the choice of comp time or overtime. They only allowed you to change this option once a year but it was an available choice.
In California, where I worked, the comp time was paid out upon termination, same as vacation pay. And honestly, if I worked overtime, I needed the rest of a day off more than I needed a few more dollars in my bank account. Now that I'm in the private sector, I really miss that comp time!
Here is what the california regents say about the choice:
For overtime which is compensable at the premium rate, the method of compensation (either compensatory time off or pay) shall be at management discretion, unless agreement regarding the method of compensation is not reached, in which case pay shall be provided instead of compensatory time off. An employee must also be permitted to use the compensatory time within a reasonable period after making a request if the use of the compensatory time does not unduly disrupt the operations of the department.
I'm not sure if I'm reading it right, but it seems to say that management can choose the method (but then the mentioning of an 'agreement' makes it seem like you can ask for comp time but management does not have to approve it, in which case, it would default to pay). You should be able to ask your HR department to help you find the policy for your university and to help you understand it.
You also may be in a union and you can contact your union rep for help with this. |
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J
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Federal law: any time worked over 40 hours a week is considered overtime, and thus time and a half ( or more if you have an awesome job) must be paid. It doesn't matter what state you are in, overtime laws are federal and the state can only supplement them, not nullify them...last time states tried to nullify laws the Civil War happened. |
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kwflamingo
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Since you're part-time temporary, you are eligible for benefits - comp time is a benefit. You are part-time temporary probably because they do not have the funds to hire a full time employee with benefits. Take the comp time and be happy you have any kind of job right now. |
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