Can an employer make you take comp time instead of overtime?

No, California employees are not required to take paid time off (comp time) in lieu of being paid overtime. But employees can ask the employer for comp time instead of overtime if all of the following are true: The employee works 40-hour (has full-time employment);

Can an employer force an employee to use comp time?

According to the employees, employers do not have the right to control employees’ use of their accrued compensatory time so long as their use does not unduly disrupt agency operations.

What is the difference between comp time and overtime?

Compensatory leave may be used to provide paid time off from work for any purpose. Overtime leave is an alternative to cash payments for overtime hours worked. Overtime leave is calculated at one and one-half times the number of hours actually worked in excess of 40 in the workweek.

What is the law on comp time?

An employer can offer comp time in California, but the employer must comply with Labor Code section 204.3, which requires all of the following: Employees may not accrue more than 240 hours of compensatory time off. An employee must make a written request for comp time in lieu of overtime pay.

Can an employer deny comp time?

Under the comp time bill, the employee has to make a formal request to use their comp time, and the terms of denial are so broad that the employer can deny it for essentially any reason—anything the employer claims “unduly disrupts the operations of the employer.”

Can I cash out comp time?

The employer can cash out an employee’s accrued but unused “comp time” in excess of 80 hours at any time, on 30 days’ notice to the employee. Upon termination of employment for any reason, an employee must be cashed out for accrued but unused “comp time.”

How does comp time work hourly?

Compensatory time, or comp time, is paid time off given to an employee instead of overtime pay. For example, you have an employee who works 45 hours in one week. Instead of paying that employee five hours at time-and-a-half, you offer five hours of PTO instead, in exchange for those extra hours worked.

Who is eligible for comp time?

In short, salaried employees can receive comp time if they work for the public sector, are classified as non-exempt, and work beyond 40 hours per week.

Is paying comp time legal?

The Fair Labor Standards Act requires a non-exempt employee to be paid time and one-half for all hours worked in excess of 40 hours in a single week. Put simply, unless your employer’s “comp time” policy adheres to the “time off plan”, it is illegal.