Under a comp time program, an employer gives an employee paid time off instead of paying overtime. However, California law provides substantial protections for employers who want to offer comp time instead of paying overtime: 1) the comp time must equal the overtime (e.g. if the employee was due to receive an hour’s pay at 1.5 times his or her regular rate, the employee should receive an hour and a half of comp time; 2) the employee must be scheduled to work at least 40 hours in a workweek; 3) the employer must pay the employee for all unused comp time when the employee leaves the company; 4) the employee must request in writing to receive comp time instead of overtime pay; and 5) the agreement between the employer and employee for the employee to receive comp time instead of overtime pay must be in writing.
If you think your employer has failed to properly pay you for comp time, you may want to speak to an attorney to discuss whether a recovery is possible. Contact the Law Offices of G. Samuel Cleaver by email or phone at 323-648-6676 for a free consultation.