Comp time in leu of Overtime pay for nonexempt employees

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Comp time in leu of Overtime pay for nonexempt employees

I work for a government contractor on Redstone Arsenal in Huntsville, AL on a U.S. Army contract. Yesterday when it was determined that I will have over 40 hours this week I received an email from my lead that our boss had ‘approved comp time’. Is this ever legal?

Asked on September 28, 2018 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your employer is a private company, even if it works on government contracts, this is not legal: private employers, no mater who hires or pays them, are not exempt from the overtime laws, and the overtime laws require overtime, not comp time, for non-exempt employees. You could file a complaint with the state or federal department of labor, if you deem it worthwhile.


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