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(1) GENERAL RULE.—An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section.
compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section.
“Comp time” undermines the 40-hour work week. Quick history review: in 1938, the Fair Labor Standards Act (FLSA) became law. We say it “established” the 40-hour work week, but really it just “encouraged” it, by telling employers that for any hours worked past 40, workers had to be time-and-a-half and receive it in their next pay period. The idea was you get eight hours at work, eight hours to sleep, and eight hours to do whatever you want. Another goal of time-and-a -half pay was to give employers a financial incentive to hire more workers when they have more work, instead of forcing workers already on the job to work beyond their scheduled hours.
With “comp time,” employers are encouraged to do the opposite. Making overtime less expensive to employers means more workers being scheduled for 50 or 60-hour shifts. Which means less time with your family – not more
Primary reasons for contesting the use of comp time are questions over the actual scheduling of time off, and whether employees will be free to choose either comp time or payment in return for overtime work. Those opposing legislation suggest that employees in practice will not be allowed to freely schedule the use of their comp time but will be restricted by employers. This would result in an option much less valuable to employees, limiting the prospect of "emergency" time, and restricting time off at certain points during the year. Concerns have also been expressed over possible pressure from businesses on employees to accept comp time over monetary compensation for overtime work, and whether voluntary overtime could be offered only in exchange for comp time. Finally, unions object to proposed comp time arrangements in which hours do not count toward pension benefits.
originally posted by: JinMI
a reply to: SaturnFX
Isn't compensatory already assuming you earned it?
Work>paid>deferred to compensatory.
Making overtime less expensive to employers means more workers being scheduled for 50 or 60-hour shifts. Which means less time with your family – not more
originally posted by: Willtell
BTW...They aught to cease using the euphemism comp time and call it what it is, slave time
“Comp time” undermines the 40-hour work week. Quick history review: in 1938, the Fair Labor Standards Act (FLSA) became law. We say it “established” the 40-hour work week, but really it just “encouraged” it, by telling employers that for any hours worked past 40, workers had to be time-and-a-half and receive it in their next pay period. The idea was you get eight hours at work, eight hours to sleep, and eight hours to do whatever you want. Another goal of time-and-a -half pay was to give employers a financial incentive to hire more workers when they have more work, instead of forcing workers already on the job to work beyond their scheduled hours.
With “comp time,” employers are encouraged to do the opposite. Making overtime less expensive to employers means more workers being scheduled for 50 or 60-hour shifts. Which means less time with your family – not more
blog.workingamerica.org...
originally posted by: JinMI
a reply to: SaturnFX
That also is my worry, however vacation time works the same from my understanding and experience. " 'ey boss, i want to take vacation next week!"
"no can do, we're busy."
Sometimes happens like that.
As to the rule of compensatory, I would agree. Anything bolstering being comfortable for the workers and not for the employer in this particular bill is gravy.
Also for very small businesses,it wouldn't be very feasable given it would create a skills shortage. Well, in that case, dont overwork your employee, or make sure its a understanding its overtime vs comp.
originally posted by: JinMI
a reply to: SaturnFX
Exactly. Usually you know...usually.
My biggest worry would be employers doing a way with already established PTO and force OT so you can have time off. I don't like that prospect at all.