This is a repost from the HR Forum. I just wanted to place it in the DE file as well. Thanks!
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Our company has been trying to re-work our OT policy as it relates to exempt salaried employees. Here's the current status:

Currently, as a "perk" for working in excess of 40 hrs/wk, employees can choose to apply the OT as "bonus pay" or "bonus vacation." However, lately there has been growing confusion about how to handle the constant requests for vacation.

According to the DOL (please correct me if I'm wrong), any benefit offered to exempt employees regarding OT is a "contract" between the Employer and the Employee. So it's up to the Employer what to offer, correct?

Someone in management decided to consult an attorney, who told us that we can't earn bonus vacation and need to stop/limit it immediately. According to this person, we should not be offered anything beyond our salary and that for 2008 new guidelines will be in place that will completely stop this sort of "behavior."

So, any idea what this guideline might be? I would appreciate any guidance on this. . .
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Thusfar, cbg and PattyMd have been a big help . . . any and all other comments/questions are appreciated!

Duplicate post

Ervin, all the responders read all the employment law forums. You will not get more or better answers by posting the same question twice.

If there were any such changes coming in 2008, trust me, those of us in the payroll and HR industries would know about it. There ARE NO such changes on the horizon. I cannot even imagine that any legislative body would ever prohibit an employer from offering rewards to employees. The attorney who reportedly said so, if he actually did say so, is wrong.

Thanks cbg!

And I will keep your point in mind for future reference.

I responded in the original forum and referenced California, because I thought that was the state we were talking about. Now, you're talking about Delaware pending legislation? Or are you talking federal? Please respond in your original thread, though.

Thanks,