I work 40 hours a week, from 11pm til 7am, I am paid overtime at time and a half for any hours over 40 hours and any hours outside my regular shift. I recently attended an 8 hours training outside my regular schelduled hours and on a day off . I asked for overtime but was told that the training was "in lieu of shift". Since I was on a day off, I was told to pick another day to not come in at night. Wouldn't this then make it COMPENSATION TIME, since its not "in lieu of shift" that night since Im on a day off and not scheduled to come in that night anyway. Is COMPENSATION TIME given at time and a half in Massachusetts? Also if they say that the training was offered, that if an employee wanted to go then he/she would only be reimbursed with 8 hours off...Is this a violation of the law or fair labor practice, saying that you can only sign up to go if you agree to take 8 hours compensation instead of the 12? Is "in lieu of shift" legal in Massachsetts? Thanks

Was this "day off" in a subsequent week? Subsequent pay period? Generally speaking, this is what is know as "compensatory time" and is not allowed in lieu of cash overtime wages for private employers (nongovernmental). And even in the public sector where it is allowed, it must be accrued at 1.5 time (12 hours comp time for 8 hours overtime).

This day off and the training was today. Since Im not scheduled back in tonight, they told me to pick another day to not come in for my 8 hour shift. But since it's another day, does that now make it comp time at time and a half instead of "in lieu of shift"? Also is "in lieu of shift" legal? We have minimun staffing levels. sometimes they let you go to training "in lieu of coming in for shift" that night, but if there are not enough people working that night they tell you to pick another night. Are there any MGL's on this

This is federal law, but no, it doesn't. Not if it's in the same workweek. Unless I'm misunderstanding you, all they are doing is saying is that you attend the training on a non-regularly scheduled day. Then you take one of your regularly scheduled days during that week off, so that you still work the same number of days, it's just that one of them was the training.

What comp time would be is if you worked your regular 40-hour week, and attended the training on your day off, resulting in 48 hours worked (for example), and comp time would have to be accrued at 12 hours for you to use in a subsequent workweek.

But it really doesn't matter about comp time, unless your employer is a government.