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  • Required labor at home as comp. time

    I have a friend who works in Maryland, for 30 hours a week at a county library, and is paid hourly. For the past few months, she has been required to work 10 hours (not included in the 30) at home, for a leadership-training project (or whatever). Her manager tells her to put these 10 hours as comp. time instead of paid work hours. Is this legal? I'm not sure because the work is being done at home on her own time...but it seems fishy.

  • #2
    OK, she's working 40 hours in a week, 30 paid and 10 earned toward comp time, right?

    I'm not buying it. Comp time CAN be an employee option for government employees, but it's in lieu of paying overtime, not in lieu of paying for regular time (regular in this context meaning straight-time hours).
    I'd advise her to give the state DOL a call and (most likely) she'll be able to file a claim for unpaid wages.

    Elle, any additional thoughts?
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    • #3
      I agree that this is not acceptable. I would add that if your friend is a public employee she or he should check the grievance procedure (through the union if there is one or through the County) and the County's personnel regs. I would guess that this violates the union contract, the personnel regs, as well as the state law.

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      • #4
        I'm deferring to you on this one Patty as you actually pay librarians in MD.

        My only other thought is that perhaps the employee is exempt in which case if she is performing additional work, she would not be owed additional pay but her employer could voluntarily allow those hours to be banked. I'm not sure what her job is but my librarians are treated liked like teachers per COMAR and are exempt. If she is truly paid hourly though, she wouldn't be exempt.

        Before dealing with the nightmare that is the DLLR, I'd run it by the manager's supervisor, HR or payroll. The manager may just be ignorant of the law.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          My librarians are exempt, too, under the Professional exemption. OP, what in fact, does your friend do?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            I talked to her again, and she says she's salaried and non-exempt. I thought she was hourly, so I must have been wrong.

            She works with pretty much everything in the branch, she says...whatever that means. She also keeps insisting that she's not a librarian, whatever she means by that.

            I'll try to get her on the forum to explain things more accurately.

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            • #7
              Well if she is non-exempt, for the purposes here, that is the same as hourly.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                To qualify under the professional exemption, "librarians" must generally have a degree in Library Science or equivalent. Librarians are deemed exempt under the Learned Professional exemption criteria here:
                http://www.dol.gov/esa/regs/complian...ofessional.htm
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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