I work for a company in the state of Ohio. Currently we have comp time and overtime offered to us for any time worked over 40 hours.

Our controller who has been known to fudge time sheets and what have you just issued a statement indicating the State of Ohio changed there laws and as long as our company is privatly held, we can no longer bank time as comp time, it must be paid out as OT. Is there any truth to this? The President of the company wants to offer it to the employee's to take off anytime in the calander year it was banked (paying it out at the end of each year if not used), however the controller has often camplained in the past about trying to track it and many feel she's just coming up with yet another white lie.

Any light you can shed on this would be greatly appriciated.

Thanks.

Generally speaking, private employers cannot offer compensatory time in lieu of overtime pay to nonexempt employees. And that is not a change. Federal law has been that way for many, many years, and all states must conform to whichever law (Federal or state) gives the employee the best deal. In the Federal DOL's opinion, that is paid overtime.

So, basically, this company has been in violation of wage and hour laws all along, and is now coming into compliance. Are they going to pay out your comp time? And, at least, was it accrued at time-and-a-half?

The company will allow the employees to take the time and whatever isn't taken will be paid out at the end of the year or at least that's how its always been. Comp time is calculated at time and a half.

I suppose what I find frustrating is the employees like the choice to either bank time or take the OT. I think if the employer wants to offer more than what the federal and state government requires they should be entitled to do so...although I suppose some companies would abuse it.

Well in any event, I really was hoping it was a white lie, but I appreciate your honest input and clarifying this for me.

Thanks!