Legal Question in Employment Law in California

Discrimination re: remuneration of comp time

What is the legality of paying comp time earned? I am salaried and comp time are paid as vacation days. I got laid off in June and was told that unused remaining comp time will not be paid. I found out later on that one of my co-worker was paid ''70'' hrs worth of comp time by check. I find this discriminating because I was told differently before I was laid-off. Working 12 hrs/day and not utilizing most of my comp time was an advantage to the firm plus being paid salaried as supposed to hourly.


Asked on 8/04/01, 1:19 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Discrimination re: remuneration of comp time

While employers are not legally required to give comp time to salaried employees working overtime, if the agreement is that it is earned when overtime is worked, it is an accrued benefit and you should be entitled to it. Put a demand, in writing, that the company compensate you for your accrued comp time and give them a deadline to pay it. If they don't take them to the Labor Commissioner or to court.

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Answered on 8/07/01, 12:36 pm


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