I reside in Florida. I have always been paid overtime for the past 3 yrs. but my boss just recently changed that. I work at a copy center, he said

Instead of paying me overtime, the overtime hours I do work will be stored into a bank, so the day I miss work these hours will be taken from my account and be payed as a regular work day.

But it doesnt make any sense, because what happens if I never miss work? how will I get paid? or what happens if I have 20 overtime hrs accumulated? I basically have to miss work to get these hours? im angry and confused

I get payed every two weeks and I usually work 95 hrs. so I have 15 hrs overtime. by the end of the month i have 30 hrs? Is this legal? someone please help.

Banking "compensatory time" from one week for use in a subsequent week, which is what he is saying, is not allowed for nonexempt employees in the private sector (i.e., nongovernmental agencies) in lieu of cash payment for overtime.

Private employers may not give non-exempt employees straight compensatory time (one hr. off for every overtime hr. worked) instead of overtime pay. However, employers do have 2 options if they wish to provide time off rather than overtime pay: 1) They may adjust an employee's hrs. within a workweek so that the employee does not earn overtime (ie by allowing an employee to work 4 ten-hour days to take the rest of the week off). However, in some states that have a daily overtime std. this won't be legal - Fl. does not have a daily overtime standard. 2) They can provide the employee with an hr. & a half of time off for each hr. worked as long as the time is taken during the same period as the extra hrs. worked.
They can't bank compensatory time (overtime) earned in one week for use in later weeks - until you miss work.

Is this legal?

Nope.

See http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

Comp time is allowed for public sector employees (see 29 CFR 553.23 - Agreement or understanding prior to performance of work), but there is no such provision in the law for private sector employees.

The boss can get this cleared up by making a quick call the the Department of Labor. He will then go back to paying you properly.

Didn't I say all this the first time? :confused: :p

Thank you guys for your help, your the best! it's time to get things cleared up.:rolleyes:

Didn't I say all this the first time? :confused: :p

Yep, but I wanted to provide the link so the boss can be shown.

That pay was being handled correctly at one point in time and there was a sudden change indicates to me that the boss may have gotten some bad info from somewhere and THINKS he is doing this legally.

That pay was being handled correctly at one point in time and there was a sudden change indicates to me that the boss may have gotten some bad info from somewhere and THINKS he is doing this legally.

Or maybe The Boss knows what they are doing is illegal, but considers this to be an acceptable risk. Florida DOL does not have a stellar enforcement record, or so I hear.