Is it legal if my employer doesn’t pay overtime but instead gives

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Is it legal if my employer doesn’t pay overtime but instead gives

I have never gotten any overtime and I am an hourly employee. I have worked

extra hours quite a few times. I thought that comp time was illegal under the FLSA.

Asked on March 10, 2016 under Employment Labor Law, Maryland

Answers:

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

Answered 5 years ago | Contributor

According to federal law, employers are required to pay non-exempt employees 1 1/2 times their regular rate of pay for hours worked over 40 in a single work week. An employer cannot pay compensatory or "comp" time instead of overtime pay. To do so is these policies are generally illegal for private employers (although state and local governments can offer comp time under certain conditions). At this point, you can file a compalint with your state's department of labor and /or consult an employment law attorney in your area for further advice.


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