I am new in this forum. I am working in the company onsite in California as a contractor doing website work. Am I getting overtime paid over 8 hours a day, 40 hours a week? I am not entitled to any other benefits. However, my boss told me I will get COMP DAY for overtime. My agency never mentions about it. Is the company legal to give out COMP DAY instead of overtime paid? What is COMP DAY means? Thanks in advance!

Yes comp time is legal since last year when new labor rules were put in place authorizing comp time or overtime. Basically you are supposed to get time off based on the amount of overtime hours and not money. Now I do not know how meaningful that is since you are a contractor, because you do not have normal hours except based on your contract and theoretically you control your own employment. So I would be careful to not work a lot of overtime hours.

confusion, you are NOT an employee therefore wage and hour laws do not apply to you. You are an independent contractor, in which case you are not entitled to overtime pay. You negotiated a contract with the company in which both parties agreed to certain terms.

Now if by "contractor" you mean that you actually are employed by a staffing agency who in turn leased you to a client company, then disregard the above. In that case you would be an employee of the staffing agency and entitled to OT pay IF you are a non-exempt employee.

Yes comp time is legal since last year when new labor rules were put in place authorizing comp time or overtime. Basically you are supposed to get time off based on the amount of overtime hours and not money. elklaw, did I miss something major in the updated FLSA legislation? I don't think I did. As far as I am aware, comptime in lieu of OT pay is still prohibited in the private sector unless it happens in the same payroll week, in which case it's not comp time, it's just a schedule chage. ("I see you'll have 40 hours in by Thursday so take Friday off.")