Hi, I'm new here and could not locate another thread on this topic. I'm not sure if this question has been asked and apologize if it has and I've missed it.

Can an employer ( a municipality) compensate salaried, non-exempt employers for overtime with comsenatory time off. In other words istead of received money the employes get paid time off. does the return have to be time and a half?

Example: Employee works 44hours in a week. Instead of receiving payment for the 4 hours of overtime at time and a half they receive 4 hours off. Is it OK to return overtime with paid time off? In this example should the return be 4 hours or 6 hoursof paid time off?

Thanks for your help.

Possibly legal. I am going to quote the key paragraph but you will need to read the entire fact sheet.

Local Government fact sheet. (http://www.dol.gov/esa/whd/regs/compliance/whdfs7.pdf)

"Under certain prescribed conditions, employees of State or local government agencies may receive compensatory time off at a rate of not less than one and one-half hours for each overtime hour worked, instead of cash overtime pay. Police and fire fighters, emergency response personnel, and employees engaged in seasonal activities may accrue up to 480 hours of comp time; all others, 240 hours."

The rate needs to be at 1 1/2 hours of comp time per hour of overtime worked. So for 4 hours of OT you need to have 6 hours of comp time.