Legal Question in Employment Law in Virginia
Compensatory Time/Overtime Leave
Employee works for the state of Virginia. Works a standard 40 hour work week, Monday thru Friday. Employee is required to do several Emergency Preparedness Exercises. This particular exercise is approximately 4 hours long. Exercises are scheduled on Saturday (non-standard work day). Management wants staff not exceed 40 hours a week, so they would like us to leave 4 hours early within the week of the exercise in order not to be paid overtime or comp time. They would like us to incorporate an extra 4 hour activity into our regular 40 hour work week. Does the management team have the legal authority to make this type of decision?
1 Answer from Attorneys
Re: Compensatory Time/Overtime Leave
Yes, I would say that such a decision lies well within the ambit of managerial discretion, unless a particular collective bargaining agreement suggests otherwise.