What is the law regarding the use of flex time instead of paying overtime?

I work at a private school as a non-exempt salaried employee. This year they have started making us do time sheets which I know should be a must to protect everyone, however they have started making us use flex time instead of paying us overtime for extra hours. We are not to refer to it as comp time and we must take it in the same week that we worked the overtime. I feel a bit uneasy about it. They refuse to pay, we have to take the hours off in the same week no matter what and we have to be careful about what we call it. Am I being paranoid?

Asked on February 22, 2019 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is illegal: if you are non-exempt, that literally means you are not exempt from overtime--that is, when you work more then 40 hours in a work week, you must receive overtime for all all time past 40 hours. Flex or comp time is not a legally valid alternative. Your employer, which controls your hours, is free to not let you work more than 40 hours in a week if it wants--but that's the only way to control overtime. If you do work more 40 hours, you must get overtime. If you don't, you could contact your state department of labor to file a complaint.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.