Twelve Common Errors in Overtime Pay: Compensatory Time

Kevin D. Fitzpatrick, Jr. : February 26, 2012 1:02 pm 

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours per week. 

Another common problem area: 

3.Compensatory time 

Employers sometimes offer employees “comp time” (i.e., paid time off in a future work week) in lieu of overtime pay.  This is another widely held misconception.  Under the law, only government employers can offer comp time — and then only under a narrow range of circumstances. It is illegal for private employers to offer comp time to employees in lieu of overtime pay to non-exempt employees. 

If you are an employer or an employee and have questions about the Fair Labor Standards Act, call the FLSA experts at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, Charles Bridgers and Kevin Fitzpatrick, at (404) 979-3150 for a free consultation.  For more information, check out our publication,  Are You Entitled to Overtime Pay?