It is important to follow overtime laws on how to count and pay for working time. You should always consult with a payroll and scheduling expert to better understand how you can provide flexibility while allowing the business to comply with the FLSA. If the accumulated compensatory leave is not claimed by a non-RSA-exempt employee during the 26 pay periods, or if the non-RSA-exempt employee moves to another agency or leaves the federal service before the expiry of the 26-wage period, the employee must be paid for the compensatory leave earned at the overtime rate in effect at the time of acquisition. EXAMPLE: John, a non-exempt employee, works 56 hours per week. His boss tells him he can take two days off the following week instead of overtime for the 16 hours he worked more than 40 hours. John`s boss could expose his company to a lawsuit. More complex issues, such as discrimination or those affecting large numbers of employees, may require filing with the Equal Employment Opportunity Commission (EEOC). If administrative inquiries do not reveal an appropriate remedy, a private action may be brought for damages. Remuneration agreements are generally only permitted in the public sector. Private sector employers must pay overtime to non-exempt workers, even if overtime has not been approved in advance. If your employer has wrongly denied you pay or leave, a lawyer with expertise in compensation and hours of work can help you file a formal complaint to demand fair compensation or approval of the leave. Taking legal action against an employer can be overwhelming, but our overtime lawyers in Nashville are committed to providing dedicated employees with fair pay for their hard work.
Call us today or contact us to help you understand comp time and overtime in Tennessee. Although compensatory time is often touted as a benefit for employees, many workers themselves struggle with mandatory overtime laws. This is largely due to the fact that some states offer more protection than others when it comes to working more than an average working week. These differences can allow abuse and exploitation by the employer. The RSA does not require employers to pay overtime for exempt workers. However, employers may choose to do so voluntarily. You also have the freedom to offer comp time instead. If an exempt employee leaves the workplace before taking leave, they are not legally required to pay for the unused time.
Some states have laws that allow employees in non-government jobs to use work time instead of overtime. For example, Washington State allows comp time if the employee explicitly agrees. There are often contradictions between rules set out in federal and state laws, or between overtime laws and collective agreements. You need to choose the regulations that offer better protection to your employees. Under the Federal Fair Labor Standards Act (FLSA), the normal workweek for most employees is defined as 168 hours over seven consecutive 24-hour periods. In this context, the number of hours an employee works includes any time when he must be on duty at his employer`s premises, at another workplace prescribed by his employer or in any capacity whatsoever. Some employers require not only that an employee register for overtime when needed, but also that refusal to do so may be a reason for refusing to work overtime. This is especially common in industries where work increases at certain times of the year. An example of this would be the winter vacation months in warehouses, shipping and/or retail. First, it helps to understand some key terms and their legal definitions: In addition, the RSA does not require an employer to pay overtime pay: employers should not be confused or misled by an exception that exists for public employers. Government agencies are allowed to use compensation time to pay employees for overtime.
This exception is found in paragraph 7(o) of the RSA and applies only to „employees of a public authority that is a state, a political subdivision of a state or an intergovernmental governmental governmental body. Since this provision is limited to „public bodies”, the courts have ruled that private companies cannot use comp time under this provision. If employees work more than 40 hours per week, then they can use Comp Time instead of Comp Time vs. Do you receive paid overtime? In many cases, overtime pay is the only option. Violations of the Overtime Pay Act can be considered wage theft and an attempt to circumvent the law, which can result in hefty fines and jail time in some states. A company that has a reputation, deserved or not, for circumventing overtime laws may have a harder time attracting strong talent. You can offer your employees pay time instead of overtime if: The RSA was enacted in 1938 to establish a federal minimum wage, mandate overtime pay for eligible employees, and prohibit repressive labour practices. Under the RSA, only employees classified as „non-exempt” are entitled to overtime and certain other protections. Most Tennessee workers are not considered exempt, but some workers are considered exempt because of their duties. If your company grants compensatory time instead of paying overtime to work more than 40 hours per week, you may be eligible for legal compensation.
If you have questions about an employer`s working time policy or other questions about your right to pay overtime and unpaid wages, call Charles Stiegler, a New Orleans overtime attorney, at (504) 267-0777 or email me today.