Legal Question in Employment Law in California

approved comp time by manager not paid by company

I earned most of the comp time from working through the last week of 2005 as the finance team was busy with the quarter-end close. I gave my notice to leave work on 1/3/06 and worked continually until my last day 1/13/2006. I was not able to take my comp time as my boss, needed me to work. My boss got an approval from her manager to add the 6 comp days to my PTOs on 1/3/06. The request was sent to payroll. I attempted to follow up with payroll prior to 1/13/06; however, there was no reponse. Upon my last day at work, my did not get paid for the 6 comp days. I understand the company's policy is that company does not pay people for comp time. Therefore, people need to use their comp time prior leaving their employement. However, this is an exception as my unused comp time has been approved by the manager. Do I have a case? Should I file a claim with labor commissioner?

Thank you


Asked on 3/26/06, 3:24 pm

1 Answer from Attorneys
JEB Pickett Wynne Law Firm

Re: approved comp time by manager not paid by company

Generally, Comp time is not permitted in California as a form of compensation and you may be entitled to recover your wages. However, the first question is, are you paid hourly or salary?

If salary, and if your are properly classified in a salaried position, you will likely not be entitled to recover any monies.

If you are paid hourly, you are entitled to overtime for any work performed, generally, over 8 hours per day or 40 per week. Comp time is not permitted as compensation in lieu of wages for hourly workers and you could recover your wages by filing with the Labor Commissioner. If you have further questions, please feel free to contact me at 800.447.5549

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Answered on 3/29/06, 2:35 pm


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