(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.
