Legal Question in Employment Law in Washington

Comp Time

My previous employer owes me about 100 hours of ''comp time'' and has refused to pay basing its reason on me being a salaried manager. My immediate supervisor, a director, had made a verbal agreement with me promising to award me ''comp time'' off whenever I worked beyond 50 hours/week. In fact, we had this ongoing arrangement for the entire duration of my employment. I was also copied on an email from the Finance Director to the Payroll Clerk, in which the director used the term ''comp time'' in a directive to the clerk regarding the fact that I had been working longer hours (due to business volumes). Since the termination of my employment. I have made several attempts to collect the monetary equivalent of the 100 hours comp time due to me. These have all been through email. The replies I have received (also via email) have been that I have already received all compensation due. The position I was employed in was created 01/01/01 and, with no prior notice, eliminated 06/30/07. I was the only holder of this position. All I am seeking is due compensation for the extra 100 hours I worked for this employer. I do not want to be reinstated in my previous job. I'll greatly appreciate any legal advice to assist me in my collecting my dues.


Asked on 5/05/08, 3:22 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Comp Time

This will be a tough battle for you.

If you were in a management position (and truly had discretion to make management decisions, not just a title), you were an exempt employee. This means they are not required to pay you overtime, no matter how many hours you work. The law really doesn't recognize "comp time", as it is generally not permitted for non-exempt employees and exempt employees by definition do not have overtime.

This means that there are no statutes or regulations on point to help you. You are going to have to show that a contract existed between you and your former employer. It need not be a written contract, but if unwritten, you will have to prove several elements. The one that immediately strikes me as troublesome is the question of "consideration". Specifically, what did your employer get out of this deal? Your efforts after 50 hours? If you are management, they are entitled to require that without offering you anything in return. You would also have to show that your damages can be reduced to a monetary amount. From the sounds of the original agreement, additional pay for your additional time was never specifically agreed to.

It is unfortunate that your employer did not keep its promise to you. Unfortunately, there is no agency that will help you enforce in this case. If you cannot persuade them to pay you (and they've made it pretty clear that they don't intend to do so), you will have to bring a legal action under a contract theory. Without more information about the details of this case, I have no idea about your chances of success, but I am not optimistic.

Assuming a 40 hour work week, you have lost 2 1/2 weeks of pay. Considering what will be involved in trying to collect, you are probably better off to just move on.

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Answered on 5/05/08, 4:17 pm


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