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Can a non-exempt employee take comp time in lieu of being…

Can a non-exempt employee...

Can a non-exempt employee take comp time in lieu of being paid overtime?

Lawyer's Assistant: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

The job is salary. The workplace has a union.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

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Answered in 3 minutes by:
3/16/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,879
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

The Fair Labor Standards Act only permits "comp time" in lieu of overtime for public sector employees. So, if this is a job for anyone other than the government, comp time would not be a permitted practice for non-exempt employees.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 1 month ago
This is a city owned electric utility. Would you consider that government or not?

Yes, that is government employment, meaning that this would generally be a lawful practice.

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Customer reply replied 1 month ago
Thank you

You are very welcome. Please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,879
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
To continue with my previous conversation... my company - a city owned electric utility - choose to give all salary people 2 extra personal days off --- except 4 women who are classified as non-exempt. The HR guy is claiming that the company attorney says we do not qualify for the 2 personal days. I happen to be classified non-exempt myself, which is why I'm asking. Our HR manager absolutely despises one of these women and would do anything to exclude her of rewards of this sort even at the sake of the other 3 women. My question is even though he is indicating our attorney says non-exempt people shouldn't get the 2 personal days, is it or is it not a FINAL decision of the management of the company to say YES or NO that we get the personal days or not?? BTW, extra the personal days were added to the "total days allowed" on the pay stubs at the first of the year for those who got them and no one was told. A month and a half later an employee just happened to notice a discrepancy and asked about it. Then my boss broke the news to me that I didn't get the days. HR still HAS NOT made any sort of announcement of who got it and who didn't - and why the days were given - and it's been 3 months!!! Basically, we're finding out by word of mouth.

Hello and welcome back. I'm not totally sure I understand what you are asking here. Are you asking me if this is a final decision on the part of the management, or if they could potentially be convinced to reconsider? I just don't know how I would be in a position to answer that question, so I'm wondering if this is what you meant to ask or if I am misunderstanding.

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Customer reply replied 1 month ago
Hi. My question is even tho our company attorney says non-exempt people can be excluded from getting the 2 personal days, does the company have the option to give the 4 salaried non-exempt girls the 2 personal days anyway?

Thank you. Yes, just because the law PERMITS exclusion doesn't mean the law requires it. It's a question of what the employer decides to do.

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Customer reply replied 1 month ago
Thank you!

You are very welcome.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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