spring12
01-20-2008, 05:25 AM
Hello,
I am a non-exp. employee. There are weeks that I work overtime but would rather take comp time off rather than get paid. I was told that this is not legal. Is this true? As I was allowed to in the past and has since changed.
Thanks
spring12
01-20-2008, 05:31 AM
Hello,
NJ. hours are 8-4:30 M-f. Have to take an hr lunch break. not paid for of course and do not have a problem with that. We get no paid breaks. However, we have employees that work that work that same hrs. only have to take a 1/2 lunch break (not paid for), and also get (2) 15 minute paid breaks a day. Does not sound fair. We all all non- exempt.
ScottB
01-20-2008, 05:35 AM
Hello,
I am a non-exp. employee. There are weeks that I work overtime but would rather take comp time off rather than get paid. I was told that this is not legal. Is this true? As I was allowed to in the past and has since changed.
Thanks
Federal law does not all private employers to use comp time for non-exempt employees, so you cannot work more than 40 hours in a work week and not be paid for it (at time and a half) in exchange for time off at some future date.
ScottB
01-20-2008, 05:41 AM
Hello,
NJ. hours are 8-4:30 M-f. Have to take an hr lunch break. not paid for of course and do not have a problem with that. We get no paid breaks. However, we have employees that work that work that same hrs. only have to take a 1/2 lunch break (not paid for), and also get (2) 15 minute paid breaks a day. Does not sound fair. We all all non- exempt.
Neither Federal law nor New Jersey law requires lunch or other breaks.
It is legal for the company to allow some workers to have paid breaks and not others, so long as the basis for this is not one prohibited by law (such as allowing all men the breaks, but not the women). The company may also have a reason for it that makes sense, such as giving it to production workers who are on their feet for most of the day, but not allowing paid breaks to office employees.