Overtime for Non-Exempt Salaried Employees in Texas

[Jack B]

Can an employee who is not exempt and is salaried be compensated by comp time instead of dollars for overtime?

[LConnell]

Yes, if it is in the same week. Texas does not have an overtime law. It follows the federal law, which states that overtime must be paid for hours worked over 40 in a week. So, if you work 12 hours on Monday and your boss give you four hours off on Tuesday as comp time, it is legal. (This isn't the case in all states. A few states have laws that require overtime to be paid for hours worked over 8 in a day.)

Let me know if you have any other questions.

[Jack B]

Can an employee acrue comp time and use it at a later time?

[LConnell]

Sort of...if it is in the same week and if you are in a state that recognizes a 40 hour workweek and if your employer permits you to do so.

There is no right to comp (compensatory) time. However, it is legal to do so within the parameters that were discussed earlier in this thread.

[Sue]

Originally Posted by Jack B

Can an employee who is not exempt and is salaried be compensated by comp time instead of dollars for overtime?

I am going to check into this a bit further as I understand the law, if you already worked the overtime in a week, then you MUST be paid in money for those hours --- in other words you cannot be forced to take comp time in lieu of overtime already worked for a week.

However, LConnel is correct in that an employer can forsee overtime approaching and give you time off IN THAT WEEK, so that you do not reach overtime for that week, but they can not work you overtime in week 1 and then subsitute overtime pay for comp time.

Sue

http://www.cpl33.org/Comp%20time%20Vs%20Overtime.htm

[Jack B]

Can the employee make the choice if it is offered by the employer. In other words the employer tells the employee that they have the choice of overtime or comp time and that the comp time can accrue to be used at another date.

[LConnell]

Only if the comp time is used in the same week. If the employee chooses to wait to take the comp time until next week or later, then it is not possible. Overtime must be paid.

[Sue]

Originally Posted by Jack B

Can the employee make the choice if it is offered by the employer. In other words the employer tells the employee that they have the choice of overtime or comp time and that the comp time can accrue to be used at another date.

It is against the law according to the Department of Labor to not get paid in money for overtime already worked in a work week, meaning any hours over 40 for that week.

[Jack B]

Last Question! Is a week 5 or 7 days?

Thank you for your help and your patience.

Jack B

[LConnell]

A workweek is a seven day period, with the starting day of the work week determined by the employer. The employer must be consistent, however, and cannot change work week start dates each week. By the way, for the employers out there, if you wish to change the day the work week begins, you must do a couple of things. One, you must give advance notice to your staff and two, you must calculate overtime for the transitional weeks in both ways. The employees must receive whatever overtime that is most beneficial to him/her for the transitional week.

Let me know if you have any other questions.