An exempt city employee has submitted their resignation and is inquiring when they will receive their accrued comp time payout. The City's HR Dir says that comp time payout for exempt city employees is not an option, and he will lose the accrued time upon his resignation. This doesn't sound right!

There is no labor law requirement that comp time for Exempt Salaried employees be paid out. Now most city workers have contracts or collective bargaining agreements or civil service rules or something. There could be such a rule there, but it would be specific to this particular governmental institution and not something that anyone on this website would likely know about. This is basically Contract Law, and the first rule of Contract Law is basically to read the contract.

Legally, Exempt Salaried employees never need to be paid more then their salary, at least as far as labor law is concerned.

Agreed. It is almost unheard of for CBAs to require payout of comp time at termination. There is NO law that requires it either.

As a personal anecdote, when I left my job as an exempt city employee in 2007, I left the max comp time of 400 hours (per our CBA) on the table.

I left the max comp time of 400 hours on the table.

Lady, are you familiar with the concept of use it or lose it? It applies to more than just the prurient things we old farts think we can still conjure up.:D:D

Now I'm beginning to see why you have distaste for gummint jobs. ;)

I know, but it never would have been approved, trust me.

It was either that or a nervous breakdown. :)