I work for an engineering firm in California, my title is Senior Plumbing Designer.

When I interviewed for the position I was told that I would be exempt from overtime pay. Although I am pretty sure that that is illegal (I do not have a professional liscense, college degree, or a supervisory position) I took the position. The pay was higher than my last job.... and most of the engineering firms in my area play this same game. It is a small world, and overtime complainers don't get re-hired if word gets around.

My supervisor told me at the interview, and in an offer letter, that my company pays straight "comp time" for "overtime" hours worked by "exempt" employees. This can accumulate to 50 hours, to be used for personal time off. Comp time above 50 hours is to be paid at "straight time".... not time and a half.

I began to have to travel out of town, overnight, to attend meetings. I was told by my supervisor that I could accumulate comp time hours up to the time that I checked into the hotel at night.... and that hours would begin again in the morning when I checked out to go to the meetings. I even received one check(back in October) paying me on this basis.

EDIT: My company manual says that they determine exempt status by the FLSA..... wouldn't California exempt laws override the FLSA?

Since then, I have racked up 117 hours in comp time - unpaid so far.

This morning I received an email from our office manager - the one that cuts the checks:

"I am finally getting back to you with the question how much Comp time for out of town travel. The employee manual states that "The nature of certain positions require frequent travel Comp time for travel is limited to two (2) hours per day. In other words, no more than ten (10) hours per day may be claimed when travel is required."

I looked in the manual, and low and behold, there it is. However, I feel that I was given an offer letter that listed no such restrictions.... and I was not given a manual to review prior to employment start. Furthermore - the manual provides no definitions who is restrained under these "certain positions".

I am more than a little angry about this. Personally, I feel that I should be paid for ALL 24 hours if I need to go out of town... and time and a half for 18 of those hours.

Does anyone know of specific California Labor Law sections that would apply to this situation?

Does anyone know of specific California Labor Law sections that would apply to this situation?

Sure, but you earlier stated that you are helping your employer pretend that you are an Exempt employee. If you are legally Exempt Salaried, then you never have any right to overtime (no matter what it is called) and you never have any right to travel time. Legally comp time is a function of certain governmental employees only. While it is certainly possible that a very stupid employer could have written a comp time policy in such a way as to be a legally enforcable contract, we are talking about contract law now, and not something inherently a function of labor law. My last two employers had comp time policies for Exempt Salaried employees but these policies were not legally enforcable (the employers and in one case an employee checked).

Maybe you need to revisit whether or not you think that you really are Exempt? If you are really Exempt, or are going to continue to pretend that you are Exempt, then you are stuck with treating like an Exempt employee, and based on what you have said, your employer is doing that.