I know there are many people in the apartment maintenance field that have come across this at one time or another. Having to be "On-Call" and take time off for time worked.

I have heard that some companies here in the state of Michigan have had lawsuits due to "Comping" people’s time for on-call emergencies. Now for some reason companies have changed the title from "Comp time to Flextime". To me they both mean the same and accomplish the same goal (save the company money). But for the person on-call this means you should be getting 1 and 1/2 hours of flex time correct? And if you only got 1 hour off is there any law being broken here?

If you work say 9am - 6pm with 1 hour lunch, and you happen to be on-call for the community (from the hours of 6pm - 9am), i would imagine that any calls you got after you have worked your scheduled day of work would be considered as overtime. Now if the employer made you take time off for the calls you got the previous night the next day, wouldn’t this seriously be considered "Comp time" (which I believe is against the law).

Also if a person was say called between the hours of 6pm - 11:59pm this would be considered the same day you worked your 8 hours, so shouldn’t those hours be paid due to not being able to take time off the same day, or is it based on a 40 hour work week?

I did some research and found a few things that were kind of grey as far as laws go. I guess there is always ways for people to find loop holes in law. I really would like it if someone can point me in the right direction on some documentation that I can read on as to what is legal and illegal. Or if you feel that this is illegal, please post it so I can more understand it.

Are you paid hourly or via a regular salary?

If you are a salary employee, this could also just be a beneficial thing that your employer does for you and may not necessarily fall under ANY laws. Companies are not required to pay people or give any benefits extra for being on-call and working at all odd hours of the night.

I've been in the same situation for 20 years in my line of work and have had some good bosses that allow you to take time here and there as long as all of the work is done right and on time. I have also had some who refuse to give any time off during the day no matter how many hours you worked the night before.

And demartian really means if you're "exempt"; "salaried" is merely a pay method.

As a repair technician, you would certainly be nonexempt (whether your pay method is "salaried" or "hourly". And, as a nonexempt employee for a private employer (not government), you cannot be given comp time in lieu of receiving cash for overtime worked (in excess of 40 hours in a work week).

Comp time and flex time are NOT the same. Comp time (see above). Flex time generally means that you set your own hours, as long as you meet the requirements of the employer in regards to core hours, etc. The employer, however, may control your hours so that you don't go over 40 hours in a workweek (if that's possible in your line of work).

Whether or not being called back to work between 6 p.m. and midnight may or may not be the next day in the workweek; but in your state, it doesn't make any difference because the state does not require daily overtime pay. It only has a bearing upon what time the NEXT workweek starts.

So, to sum up. If you work over 40 hours in a workweek, you must be paid overtime pay at 1.5 times your regular rate of pay. Period.

And demartian really means if you're "exempt"; "salaried" is merely a pay method.

As a repair technician, you would certainly be nonexempt (whether your pay method is "salaried" or "hourly". And, as a nonexempt employee for a private employer (not government), you cannot be given comp time in lieu of receiving cash for overtime worked (in excess of 40 hours in a work week).

Comp time and flex time are NOT the same. Comp time (see above). Flex time generally means that you set your own hours, as long as you meet the requirements of the employer in regards to core hours, etc. The employer, however, may control your hours so that you don't go over 40 hours in a workweek (if that's possible in your line of work).

Whether or not being called back to work between 6 p.m. and midnight may or may not be the next day in the workweek; but in your state, it doesn't make any difference because the state does not require daily overtime pay. It only has a bearing upon what time the NEXT workweek starts.

So, to sum up. If you work over 40 hours in a workweek, you must be paid overtime pay at 1.5 times your regular rate of pay. Period.

Some technicians are exempt.

I found this link that helps tell the difference.

http://www.dol.gov/elaws/esa/flsa/screen75.asp

I know that. But this guy is a repair technician in an apartment complex (at least, that's what I got from what he said). I seriously doubt such duties would qualify him to be exempt.

I know that. But this guy is a repair technician in an apartment complex (at least, that's what I got from what he said). I seriously doubt such duties would qualify him to be exempt.

You are right, I browsed his post wrong and assumed he heard that from people in the apartment maintenance industry but may have been on-call for some thing else.

Oh well, when you assume...

This is an hourly position.

But so what everyone is saying is, that flex time is ok but comp time isn't?

To me its the same thing if you have to come in at odd hours plus your regular work schedule. Now granted you work 8 hours today, and if you get 2 hour call that night you have to take 2 hours off the next day. But what i dont understand is that isnt that comping time out that you worked over your sceduled time?

PLEASE HELP!

Just to add on to what Patty stated, which was 100% correct, if the "comp time" is taken in the week following the extra hours worked, it would have to be at time and a half if the goal was to keep the bi-weekly paycheck the same as though all 40 were worked straight time. In other words if week one you worked 44 hours, the following work week, your employer could schedule you for only 34 hours. At $10 an hour, pay for week one would be $460, and week two, $340, for a total of $800. Assuming you worked 40 hour weeks both weeks, you would still have earned $800. This is perfectly legal.

It would also be legal, assuming your work week is Saturday to Friday, to change the hours you work the following day in the same week. Ex. M-8; T-8; w-8; T-12; F-4

If you worked M-8; T-8; W-8; T-8; F-12 then they could not just reduce your hours by 4 on Monday and pay straight time for both weeks.

In other words, each week is looked at in isolation. If you worked more than 40, you get OT for anything over. If you are scheduled fewer hours on any particular day, you only count the hours you actually work for OT purposes.

So then it is ok for an employer to make you take time off even if its out of your scheduled time to work is what everyone is saying. I dont understand how another company was taken to court and lost due to this. Alot of money was paid out to employee's due to comp time being made.

If I in the apartment industry has to work 9-6 m-f and am on call that week and get 8 calls, that means i have to take 8 hours off during the week or they have to give 12 hours due to time and a half?

Post the case you are referring to and we can tell you what is different about your situation.

If I in the apartment industry has to work 9-6 m-f and am on call that week and get 8 calls, that means i have to take 8 hours off during the week or they have to give 12 hours due to time and a half?

Neither. If you work more than 40 hours in any week, you get OT for those hours. Your employer may at any time and for any reason reduce the number of hours you work or adjust your schedule. If they adjust it in such a way that you work more than 40 hours in any given week, you still get OT for those hours. If they adjust it in such a way that you only work 40 or fewer, you do not.

Michigan does not have any kind of daily overtime. It doesn't matter how many hours you work in a single day; you are not due overtime until you WORK over 40 hours in a week. Paid leave does NOT count towards hours worked.

You are not guaranteed any particular number of hours in a week, nor are you guaranteed to be able to work exactly the same schedule every week. You work the hours your employer tells you to work. If he does not want you to work over 40 hours in a week, he doesn't have to.

Doesn't matter if you feel it is the same or not; comp time and flex time are NOT the same thing.

Well im curious as to if you sign something when your highered that you are scheduled to work 40 hours a week 8-5 and will be paid overtime, how it is that people can re arrange your schedule and not pay you for the times your called out after hours. And it is considered and in the hand book as "After Hours Calls".
Please Help. . .

It is quite unlikely that whatever you signed at hire was a binding contract guaranteeing that you will always get 40 hours a week and guaranteed overtime. Few employers can see into the future and know for an absolute fact that they will always, with no exceptions, be able to make such a guarantee.

You DO, assuming that you are a non-exempt employee, have to be paid for any on call hours THAT YOU ACTUALLY WORK. Just being on call is not enough to require that you be paid for on-call time that you do not work in most circumstances.