Comp Time- vs- Over Time

I am a non-exempt employee. My Employer has told me they will no longer pay overtime for ovetime worked but said I can take the time off at a later date. They are calling it "Comp Time". But I do not receive time and a half for the "Comp Time". I understand it is a 40 hr work week in Ohio. But how does this "Comp Time" relate?

1 answer  |  asked Jan 21, 2008 10:18 AM [EST]  |  applies to Ohio

Answers (1)

Gregory Gordillo
Comp Time Is Not OT Pay

The use of comp time is one of the most misunderstood kinds of compensation. In most cases, it is improperly used to compensate an employee who has worked more than 40 hours in a work week. Private employers in Ohio cannot use "comp time" to pay employees the premium owed for overtime work.

"Comp time" should be distinguished from other kinds of schedule changes like "alternative time" or "flex time." The essential difference is that "comp time" is an amount of time the worker is allowed to take off during a work week that follows the week during which the worker was employed for more than 40 hours. "Flex time" or "alternative time" often is used to adjust a worker's schedule within the same week when a worker may have worked an extraordinarily long shift earlier in the week, and the employer tries to shorten a day later in the week to make up for the prior work.

The key is that the worker must be paid an overtime premium when the worker was employed for more than 40 hours in a single work week. The overtime premium cannot be paid by giving subsequent time off. (An exception to this rule exists for public employers like municipalities and public safety forces that are permitted to use comp time).

The preimum must be equal to at least 50% of the regular rate of pay for the worker. In other words, the worker must be paid their regular rate per hour of work PLUS at least 50% more for the hours worked over 40 in the week. Usually, this is commonly understood as being paid "time and a half."

posted by Gregory Gordillo  |  Jan 21, 2008 10:58 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA

more Virginia Employment Lawyers