Here is my question -

1- I work for a county governent in west/central Flroida.
2 -I am a HOURLY employee who works full time (40 hrs per week mon thru fri)
3 -I have always received overtime pay for hours worked over 40 per week.
4 - Due to budget constants all overtime has been stopped.
5 - If there is work at the end of my shift I MUST stay until its done. To be
compensated for this I come in to work late the next day (If I stay 1 hour
I come in 1 hour late the next day). hour for hour.
6 - In the past if we had to come in on a weekend or holiday we received
overtime pay at a rate of time and a half our hourly rate.
7 - Tomarow, Sunday, I was told I MUST go in to work to change the time on
the computer systems (this should take two hours, my commute time
will be 30 min each way).
8 - I worked a full 40 hours the week ending this friday.
9- I was told I will not receive any monatary compensation for my time or
my expenses (a extra day driveing in for the week)
10 - I was told If I end up working say, 2 hours, I must simply come in 2 hours
late some day durring the upcomeing week.

My point is we are talking about a weekend when I normaly would be off. So I will be comeing in 6 days this week, not 5. Ill have to drive in and back plus spend the time on Sunday doing the work. I see this different than the normal "Flex time" they force us to use whe we have to just stay late or come in early durring the week.

If anyone can clear this up for me once and for all Id appreceiate it.

Thank you; Dave

State and local government do not necessarily work under the same laws as everyone else. I know a little about state and local law, but have generally tried to avoid learning more whenever possible.

Several problems. You are raising a number of points that of are interest to you, but which are not legally significant. Federal law does not care how many days you work. Federal law does not normally consider commute time to be hours worked, but you have your question worded in such a way that I can tell how much of your claimed overtime is actually considered hours worked by the government.

For normal private sector employers, hours worked past 40 in the work week is considered overtime, but commute time is not normally considered to be hours worked. It is perfectly legal for an employer to tell an employee to not work overtime. It is perfectly legal for an employer to arrange normal hours within the workweek to avoid the occurrence of overtime.

For governmental employers there is a possible exception in which the governmental employer does not pay overtime, but for every hour of overtime not paid the employee gets 1.5 hours of comp time. There are a bunch of rules associated with this.

I have cited the references to everything I just said below.

http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf

http://www.dol.gov/esa/whd/regs/compliance/whdfs7.pdf

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_553/Subpart_A.htm

However, the employer may require you to take off 2 hours during the same workweek so that you don't go into overtime. If it's the same workweek, that's not comp time. That's just modifying your schedule for the week.

I think you hit the nail on the head. In my case the workend ends today (Sunday) which is the same day I have to go in and work. The new work week starts tomarow morning, Monday.

So, how am I suppose to take off the two hours within the same pay week when the week will end at midnight tonight?

Even If I go in to work two hours late tomarrow morning (which they will not let me do, the earlest I could leave early is Tuesday, per there own instructions) it will be in the next pay period.

We have seen this occur here before with other departments, The outcome and there response has been - "Well you will just have to eat the time yourself."

I might also end in closeing that this same county just settled out of court about 2 weeks ago a case in which five employees brought suit alleging lack of overtime compensation for hours worked. BUT in that case a union was involved, Im not part of a union.

Thanks for your answer.

You can't. You CAN however, file a claim with the federal DOL.