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The company I work for seems to think it’s legal to adjust our hours the next day at straight time not 1.5 times schedule instead of overtime. I am of the belief that this practice is illegal.

Asked on March 15, 2016 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under federal law, an employer is required to pay non-exempt employees (typically hourly workers) 1 1/2 times their regular rate of pay for hours worked over 40 in a single work week. It cannot pay compensatory or "comp" time in lieu of overtime pay. As a general rule, to do so is illegal for private employers (however state/local governments can offer such time under certain conditions). At this point, you can file a compalint with your state's department of labor and /or consult a local employment law attorney for further advice.


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