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Police and Law Enforcement Home  >  Comp Time Law  >  Other Comp Time
 

NJLawman.com

Comp Time

Legal
Research


 

 

 

 

Comp Time Law

29 CFR 553.28 - Other compensatory time.

NJLawman.com
Police and Law Enforcement News
Sunday, November 10
, 2008 12:50 a.m.

 

    (a) Compensatory time which is earned and accrued by an employee for employment in excess of a nonstatutory (that is, non-FLSA) requirement is considered ``other'' compensatory time. The term ``other'' compensatory time off means hours during which an employee is not working and which are not counted as hours worked during the period when used. For example, a collective bargaining agreement may provide that compensatory time be granted to employees for hours worked in excess of 8 in a day, or for working on a scheduled day off in a nonovertime workweek. The FLSA does not require compensatory time to be granted in such situations.

 

    (b) Compensatory time which is earned and accrued by an employee working hours which are ``overtime'' hours under State or local law, ordinance, or other provisions, but which are not overtime hours under section 7 of the FLSA is also considered ``other'' compensatory time. For example, a local law or ordinance may provide that compensatory time be granted to employees for hours worked in excess of 35 in a workweek.  Under section 7(a) of the FLSA, only hours worked in excess of 40 in a workweek are overtime hours which must be compensated at one and one-half times the regular rate of pay.

    (c) Similarly, compensatory time earned or accrued by an employee for employment in excess of a standard established by the personnel policy or practice of an employer, or by custom, which does not result from the FLSA provision, is another example of ``other'' compensatory time.

    (d) The FLSA does not require that the rate at which ``other'' compensatory time is earned has to be at a rate of one and one-half hours for each hour of employment. The rate at which ``other'' compensatory time is earned may be some lesser or greater multiple of the rate or the straight-time rate itself.

    (e) The requirements of section 7(o) of the FLSA, including the limitations on accrued compensatory time, do not apply to ``other'' compensatory time as described above.

 

NJLawman.com
Police and Law Enforcement News
Sunday, November 10
, 2008 12:50 a.m.

 

 

 

 

 

 

 

Comp Time Law

 

 

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