Have you been forced to take compensatory time off instead of receiving time and a half from your employer? Were you fired because you spoke up to your employer about the compensatory time off you deserved?
The law firm of GWC Injury Lawyers may be able to help you. By seeking legal counsel from experienced and dedicated attorneys, you may be able to take your life back and receive compensation for your unpaid wages.
Contact our experienced and knowledgeable attorneys today and speak with a representative about your case for free.
What is Compensatory Time?
Compensatory time off is a work arrangement in which an employee is permitted to take time off from work in place of receiving overtime. It may also be called comp time, time off in lieu of overtime pay.
Fair Labor Standard Act and Comp Time Laws
The Fair Labor Standard Act (FLSA) is a federal law that mandates overtime pay requirement for private and public employees. Employees must be classified as non-exempt to be eligible for overtime under the FLSA. The non-exempt classification refers to most workers and is based on certain duties employees perform.
Exempt employees are not covered under the FSLA for overtime pay and they usually include white collar jobs like professional, executive, and administrative positions. Therefore, it is generally illegal for employees to be offered compensatory time off if they are considered non-exempt employees.
Comp time laws from the Department of Labor indicate that, under certain conditions, state and local government agency employees may receive comp time. Law enforcement, fire protection, and emergency response personnel are some occupations that may be eligible for comp time. However, an employee must be permitted to use comp time off on the date requested unless it disrupts the operations of the agency.
Common Comp Time Off Violations
Compensatory time off may be viewed as a benefit for employees since it offers more work schedule options. However, it can be subject to certain legal disputes, such as:
Discrimination When comp time off is denied based on race, sex, or age, it might be considered discrimination.
Wrongful termination When an employee is fired for claiming comp time off to which he or she is legally entitled, it is a good idea to speak with an attorney at GWC Injury Lawyers who is well-versed in employment law.
Law violation Comp time off that violates state, local, or federal laws is illegal and may result in legal consequences for employers who abuse the law. For example, non-exempt employees are supposed to receive time and a half for hours worked over 40 per week. If employees who meet these qualifications are denied time and a half and are forced to take time off instead, the employer may be breaking the law and subject to legal penalties.
What Can You Do About Time Off Violations?
You have rights as an employee who has suffered a compensatory time off violation. You may file a complaint with the Wage and Hour Division (WHD) of the Department of Labor. When a complaint is filed with a government agency, an investigation typically begins and a solution for the employee may be recommended. The employee may be compensated for lost wages or the employer may be required to grant time off if it was denied improperly.
As this process may be completed, and you may want resolutions reviewed, obtaining legal counsel is essential.
Overtime laws and compensatory time off are complex issues riddled with exemptions and details. The law firm of GWC Injury Lawyers is ready to help you by answering any questions you might have and providing you with legal assistance for wage and hour violations.