The FLSA Comp Time Controversy

• Overview
• Agenda
• Faculty
• Credits

Benefits

Comp Time, or compensatory time, is an alternate way of rewarding overtime work. Instead of paying an hourly employee time-and-a-half for work done over the time allotted in the normal work week, employers can allow an hour and a half of time off for each hour of overtime worked. This teleconference will cover how the FLSA views the use of comp time in relation to public agencies and private corporations. Under most circumstances, comp time is allowed by the FLSA for public agencies; however, a private corporation may have a labor agreement that outlines the specific award and use of comp time in place of financial compensation. Comp Time should not be confused with flex time and this teleconference will eliminate any confusion on this topic.

The old rule for comp time was that the employee had the right to use accrued compensatory time as the employee saw fit subject only to the limited right of the employer to deny an unduly disruptive request. However, recent court decisions have restricted the ability of the employees to control when they use compensatory time off. Highlights of these court decisions and how the FLSA views the use of compensatory time in light of recent court decisions and the current debate of allowing comp time in the private sector will be discussed.