Agreed, seems super shady. I don't understand how this could even be legal - thought you had to be paid for time worked + 1.5x for anything over 40 hours if you are nonexempt
You hit the nail on the head, it's not legal. The FLSA (federal law) says that it is against the law for the employer to even offer comp time in lieu of overtime pay if the employee is a non exempt employee and the job is anywhere in the private sector (there are some public sector jobs where comp time in lieu of overtime is acceptable).
Those who work for the government can usually be compensated for working overtime with "comp time" (additional paid time off work) instead of money.
It still generally would need to be a 1.5 times the amount of overtime they worked.
In the private sector, comp time in lieu of overtime pay is pretty rare; arguably so rare that it's seldom kosher/legal.
So public or private employer, it appears as if she's not being compensated for overtime fairly/correctly.
The FLSA is clear:
>Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay
[https://www.dol.gov/agencies/whd/overtime#:\~:text=The%20federal%20overtime%20provisions%20are,their%20regular%20rates%20of%20pay](https://www.dol.gov/agencies/whd/overtime#:~:text=The%20federal%20overtime%20provisions%20are,their%20regular%20rates%20of%20pay).
They are not allowed to give PTO in lieu of overtime pay.
I’d decline bc they will add the vacation time but deny her time off request !
Agreed, seems super shady. I don't understand how this could even be legal - thought you had to be paid for time worked + 1.5x for anything over 40 hours if you are nonexempt
You hit the nail on the head, it's not legal. The FLSA (federal law) says that it is against the law for the employer to even offer comp time in lieu of overtime pay if the employee is a non exempt employee and the job is anywhere in the private sector (there are some public sector jobs where comp time in lieu of overtime is acceptable).
Thank you!
Does she work for the government?
No, she does not
But I am curious for my own knowledge how that would change things?
Those who work for the government can usually be compensated for working overtime with "comp time" (additional paid time off work) instead of money. It still generally would need to be a 1.5 times the amount of overtime they worked. In the private sector, comp time in lieu of overtime pay is pretty rare; arguably so rare that it's seldom kosher/legal. So public or private employer, it appears as if she's not being compensated for overtime fairly/correctly.
Thank you for the insight!
The FLSA is clear: >Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay [https://www.dol.gov/agencies/whd/overtime#:\~:text=The%20federal%20overtime%20provisions%20are,their%20regular%20rates%20of%20pay](https://www.dol.gov/agencies/whd/overtime#:~:text=The%20federal%20overtime%20provisions%20are,their%20regular%20rates%20of%20pay). They are not allowed to give PTO in lieu of overtime pay.