Comp time instead of being paid overtime

Question

I work for a government agency. I used to be an hourly-paid employee at the agency. I was recently given a promotion to a Managerial position. I am now salaried and exempt from overtime pay (I get paid just enough per week to make me exempt), and now accrue comp time (hour per hour) instead of being paid overtime for working more than 40 hours a week. However, I was told that I don't begin to accrue comp time until after I have worked 44 hours in a workweek. Shouldn't it be over 40 hours?

Answer

I'm not a lawyer. Under the Fair Labor Standards Act, comp time should begin to accrue after 40 hours worked in a week. However, because you work for a government agency, the rules may be different as they apply to your work week.

This is a link to a .PDF file with answers to frequently asked questions about overtime and comp time under the FLSA.

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This may be an issue you wan to contact an Overtime/ Wage and Hour lawyer about near you immediately. They would best know the law.

Comp time instead of being paid overtime

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