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over time and comp time SC South Carolina

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  • over time and comp time SC South Carolina

    i work in sc. the job i have i been with for 1 1/2 years and i got paid over time. well last week i got 57 hours in. so when i got paid i did not see no over time on it. i when to my boss and ask him what was going on he said im getting comp time. i will be getting time and a half for what i worked over 40.

    Can they do this in SC with out telling us they are doing it or can they do comp time over 40 hours? piz help ty

  • #2
    Is your employer private sector or public sector? What you describe is not legal for private sector employers. It may (or may not) be legal for public sector employers.

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

    http://www.dol.gov/esa/whd/regs/compliance/whdfs7.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      i work in a private cemetery. it has 3 owers. if this is not right for them to do this how would i go about telling them i dont want to lose my job. their so hard to come by now a days. i was reading one of the act iand it has "The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such." so a private own place dont have to pay over time on weekends?
      Last edited by sublime8686; 12-15-2008, 03:17 PM.

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      • #4
        You are now getting into areas outside of my expertise. If you file an overtime claim, you will probably win. However I have no expertise in termination law, or SC specific law for that matter.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          If you're talking about the FLSA, all that is saying is that premium pay is not unconditionally required for working on weekends, holidays, etc. That's what the "as such" means. If you work over 40 hours in a workweek, you must be paid overtime pay. But, for example, if you worked 5 hours a day, 7 days straight, overtime would not be required because you only worked 35 hours total.

          And I agree with DAW that if you filed a claim for unpaid wages, you'd almost certainly win.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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