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overtime and comp time in non-profits California

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  • overtime and comp time in non-profits California

    I work for a non-profit in California, so my pay is grant-based. Thus, there is no money in the budget for me to be paid overtime, though I work well over 40 hours per week. This is fine by me, because I love my job and there is a lot of down time in the summer months. In exchange for my overtime, I can take those hours off later, when my schedule permits. However, we are trying to find a way to make this legal. Is there any way to stay hourly and take time instead of overtime money? Is there some sort of contract? Would the problem be fixed if I were turned into a salary position?

  • #2
    If overtime is legally due, then not paying overtime is breaking the law. It is not possible for the parties (employer, employee) to agree between themselves to make the law go away.

    "Comp time" legally is something restricted to certain governmental employers. There is no legal method for a non-profit to not pay overtime. This includes the use of magic words such as "comp time".

    "Hourly" and "salaried" are just payment methods. Your question implies that hourly is always subject to overtime while salaried is always not subject to overtime. Wrong on both counts. The only people who are not paid overtime are those who are Exempt from overtime. This is a function of actual job duties and sometimes the industry. Paying someone on a salaried basis does not by itself make someone Exempt from overtime.

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

    Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I've done payroll for grants accounting. If its a minor amount of overtime, the overtime is standardly paid from a separate pool of funds that is not directly grant related. Different non-profits get these fund from different places but its common. It is also possible to write the overtime into a grant proposal if overtime is neccessary to the project. I can think of one project we had that required employees to be on boats for 24 hour shifts.

      I think the first place you ought to start looking is to see if your position can qualify for exempt status under one of the possible exemption laws.

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