Legal Question in Employment Law in Florida

Comp Time Reimbursement

I work for a company as a

salaried employee. As part

of my salaried

compensation, it has

always been understood

that all hours worked in

excess of [40] forty could be

taken as �Comp Time�.

Further, about two years

ago or so, it was disclosed

to me by my immediate

supervisor, and

subsequently by her

supervision, that although

the �Comp Time�

reimbursement is not

company policy, it will be

continued. At some very

recent point in time, my

employment status was

changed from salaried to

hourly. I would now be paid

for all hours worked,

unfortunately all unused

�Comp Time� would be lost

and no reimbursement

would be forthcoming. Not

in time off, not in being paid,

not in any form. To further

exasperate my position is

the fact that I have many,

many unused �Comp Time�

hours that I�ll not be

reimbursed for.


Asked on 7/16/06, 9:53 am

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Comp Time Reimbursement

Depending on the job you perform and the nature of your duties, you may be exempt from overtime (meaning not entitled) OR you may have a claim to recover your unpaid overtime wages.

The law does not permit private employers to use "comp time" in lieu of overtime compensation, so you will first need to find out if your position is covered or not. Please consult with an attorney promptly and feel free to contact us for further assistance.

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Answered on 7/18/06, 3:02 pm


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