Legal Question in Employment Law in Florida

Compensation for accrued time at work

Since late '97 I've worked part-time for the same busines & have been classified as exempt & salaried, though I have no supervisory duties. Since 2000 I have accrued 250 hours in ''comp time''. The former boss let me carry over my ''comp time'' from year to year. My new boss, no longer wants my accrued ''comp time'' to be carried over & will pay me for the 250 hours. At what rate, should I be paid for the hours, at the wage I earned when the time was worked or at my present wage? Also, my new boss only has my ''comp time'' since fiscal year 2000 - 2001, when the former manager started tracking the hours employees worked, but I have always kept track of my hours. Due to a computer problem, I lost my '97 & '98 hours. However, my boss doesn't want to pay me nor give me time off for my ''comp time'' in '99 if he pays me the 250 hours at my current wage. He wants to me to agree to this arrangement by Thursday, 9/18/03. Can he make me agree not to get paid for my ''comp time'' in '99? I was also told that if I don't agree then I will have to decide what to do. In my understanding that means that I can either agree not to get paid for '99 or I can decide to resign. Help! I need advice urgently!


Asked on 9/16/03, 8:51 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Compensation for accrued time at work

Florida law does not contain any provisions or requirements for "comp time" or other such employment benefits. Rather, these benefits are completely voluntary, so if your ER chooses to take them away, it is not (unfortunately) illegal. Moreover, because Florida law provides that employees are employed at-will, your employment can be terminated at any time for any reason. As a result of the foregoing, I recommend that you tread carefully on how you deal with your employer and try to maximize anything they are still willing to give and thens imply move past the whole "comp time" issue--especially if you want to continue to work there.

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Answered on 9/16/03, 9:01 pm


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