Why Comp Time is Wrong

If you're an FLSA non-exempt employee who worked over forty hours one week ("overtime"), only to be told that you can take those overtime hours worked as leave at some later time -- and you don't work for the government -- you're likely the victim of an illegal "comp time" overtime policy.

Compensatory Leave or "Comp" Time:

In Georgia as in other states, only government employees may receive "comp time" in lieu of overtime pay. For all non-governmental employers, however, providing "comp time" leave to be taken in a later work week rather than paying time-and-a-half the non-exempt employee's regular rate is a violation of the Fair Labor Standards Act ("FLSA"). "Comp time" means working over forty hours in a seven day period (the "work week"), but getting "comp time" leave in a later work week instead of overtime pay.

The Department of Labor has taken the position that a non-governmental employer who is found to have violated the FLSA by having an illegal "comp time" overtime policy is not entitled to credit the value or amount of the "comp time" leave that the employee actually received against its obligation to pay full overtime compensation for all overtime hours worked but not paid. This means that regardless of whether you actually used the "comp time" leave, you're still owed time-and-a-half your applicable regular rate under the FLSA for all overtime worked for the two year period preceding the filing of a court action (three years if the employer's overtime violation was "willful" under the FLSA).

If you have been working overtime and accruing or even taking "comp time" instead of being paid for your overtime at time-and-a-half your regular rate and would like discuss this matter with a Georgia overtime attorney, please contact us HERE.

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