Anyone here know anything about Comp Time?

Discussion in 'Off-topic' started by MedicOxford, Jan 16, 2017.

  1. MedicOxford

    MedicOxford New Member

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    I may take a salaried position with my current employer. My hours will be 36 hours hours one week then 48 the next plus a monthly meeting. I know I will get comp time for the monthly meeting and any "extra" hours worked. But would I be able to accrue comp time for the weeks I work the 8 hours over 40? Currently I am on the same schedule but get paid OT for the 8 hours over 40.

    Also, if I was to leave the company, would my comp time be paid out like it would for PTO?

    Are there any GA regulating comp time?

    If anyone has any experience with this, any help would be great! Thanks
     
  2. Marine6212

    Marine6212 Active Member

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    If they do comp time the same as the federal government, it's hour for hour. The company makes out cause it cost them less money. With comp time you can accumulate time and use it instead of your sick/annual leave. Or in conjunction with it and get paid.
     

  3. Wegahe

    Wegahe NRA Instructor

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    If you are going to take a salaried position look up the FLSA and figure out if the position is exempt or non exempt. Lots of companies use the salary unlawfully as exempt and cheat their salaried employees out of earnings. Non exempt employees are supposed to be paid overtime for all working hours over 40 in a one week period. Time is NOT transferable from week to week. If you are non exempt salaried and work 36 hours one week then 48 the next you are entitled to your full salary for both weeks plus time and 1/2 for the 8 hours the next. Since you can't transfer from week to week comp time is not a requirement or even legal except in exempt salaried. There are three things that MUST be true in order to be exempt. If just one is false then you will be non exempt. Look it up and decide if it is rip off to be moved to salaried.
     
  4. carnut

    carnut Member

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    Pretty sure if you have a private non-union employer they can do just about anything they want as far a comp hours. I worked for a fortune 50 company, many years, retired from HQ staff. Executive and upper management view of an exempt position is "you are paid for the job, not the hours" if it takes longer that's your problem. The time card become a thing of the past, 10 hours a day and call outs was expected and comp time was used to cover traffic jams, long lunches, kids school meetings, dentist, etc. If you thought of it as a benefit and expected anything more then it was assumed you did not want that type of position. It's called punching your ticket in order to move up in the company. If you don't want it someone else will always be available, and willing was the view. Think carefully prior to moving into exempt make sure it's an upward path and has a way back if you don't like it, some companies will not allow moving you back. Best way to address this it is to see how your manager and his/hers manager handles it, they will expect you to at least do the same.. EG: if your boss is in on Saturday and then works all week, you better be prepared to do the same..

    EDIT: Just saw previous post and agree 100% that's very important. If its not a move into a 'company man' position with growth opportunity and new responsibilities, you may be getting screwed..
     
    Last edited: Jan 16, 2017
  5. Wegahe

    Wegahe NRA Instructor

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    Actually this would be wrong. The FLSA which stands for the Fair Labor Standards ACT trumps this kind of stuff. While most companies take full advantage of their uneducated employees because of the closed door settlements that rarely occur. Companies can not use "comp time" to replace "overtime" for non exempt salaried employees. It is against federal law (FLSA) to transfer hours from one week to another. Companies can not deduct from the non exempt salaried employees wages for hours less than 40 but more than 30 (10 hour 4 day) / 32 (8 hour 5 day) in a single week. Deductions must be made in full day rates. No wage reductions may be made for exempt employees except full week. Working just 1 hour in a 1 week period entitles the exempt employee to the full weeks wages. Payroll periods do not matter. They can be bi-weekly or twice monthly or even monthly but the week to week still applies.
     
  6. Wegahe

    Wegahe NRA Instructor

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    Forgot to mention if you are paid hourly and work 34 hours one week then 48 the next you are entitled to 8 hours over time for the 8 hours over 40. They can not transfer 6 hours of the overtime to the previous week or to the next week.
     
  7. AtlPhilip

    AtlPhilip Proud GCO member.

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    Word to the wise. Be sure to update your resume before you walk into my office quoting the law and attempting to dictate what/when/how you will be paid.
     
  8. Wegahe

    Wegahe NRA Instructor

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    The monthly meetings MUST be paid as work time and not comp time. This is an illegal practice. All time required by your employer is considered "WORK TIME" and must be paid as work time. Even the receptionist sitting at a desk reading a novel while waiting on the phone to ring is considered work time.
     
  9. Wegahe

    Wegahe NRA Instructor

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    If you follow the law then why would anyone need to do that?
     
  10. Wegahe

    Wegahe NRA Instructor

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    A word to the wise...

    If you are running a business you need to know the FLSA. If you are not following the law you could be out huge sums in back wages, damages, attorney fees and there is even felony charges with jail time attached if just one employee finds out and calls Morgan and Morgan or any of the many other FLSA lawyers.

    It's been many years since I looked at the FLSA. Having just done so I find I was wrong on the comp time. Comp time can be used under some conditions. Make sure those conditions are present before accepting or using comp time in lieu of overtime wages. My apologies to anyone I mislead on this issue.
     
  11. AtlPhilip

    AtlPhilip Proud GCO member.

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    If you worked for me, the previous posts would get you fired if I found them.

    If you want to dictate how a business is run, feel free to risk your own capital and start your own.
     
    Last edited: Jan 16, 2017
  12. RedLeg17

    RedLeg17 Active Member

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    Wage and Hour violations can get VERY expensive. I worked for a company that was illegally using comp time for non-exempt employees. They ended up having to pay back all the comp time they gave employees as overtime hours for all present and PAST employees for the previous 2 years, a fine, and the legal fees for the guy that sued them.
     
  13. Wegahe

    Wegahe NRA Instructor

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    That too carries it's own penalties under the FLSA so fire away. It is not the employee's responsibility to keep you out of jail as an employer. Even if employee sues you under the FLSA firing them can land you in even deeper quick sand. No one is trying to tell you how to run your business. Just informing you of a law you should have already been aware of before hiring your first employee.

    If an employee is fired because you find they are even researching the FLSA they can still file legal suit up to two years later and not only recover back wages, damages and attorney fees but lost wages for up to the two years for the time they were unemployed. This does not cover all of the two years. Only the amount of time they were unemployed to finding the next employment. It could be a day, week, month or even up to the full two years. So you could be paying a fired employee for a very long vacation. Run your business as you see fit. Run it illegally by cheating your employees and get what you deserve. You re also required to have the FLSA posted in an area of common access to all employees anyway. So all they should have to do is look at the large poster on the wall to find it. I may have an extra set of required posters laying around if you need some. They are also available from the DOL.
     
  14. Wegahe

    Wegahe NRA Instructor

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  15. Adam5

    Adam5 Atlanta Overwatch

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    I wonder why movie theater workers are exempt from overtime?
     
  16. RedLeg17

    RedLeg17 Active Member

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    Because they're exempt from overtime under the FLSA.
     
  17. Wegahe

    Wegahe NRA Instructor

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    Because this law was passed by liberals and the movie industry is run by liberals. (JK) You will also notice health care professionals and lawyers are exempt.
     
  18. AtlPhilip

    AtlPhilip Proud GCO member.

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    Trust me, I don't need or want your help.

    You dont know me or my guys. Nor do you have even a foggy clue "what I deserve". So please save the nanny state loving social justice warrior routine for someone who cares.
     
    Last edited: Jan 16, 2017
  19. Gunstar1

    Gunstar1 Administrator

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    You may not want the help, but it sure sounds like you need it.
     
  20. Wegahe

    Wegahe NRA Instructor

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    Then I apologize for any misunderstanding I may have had based on your post.