two week time sheet/comp time

njjel

With an exempt employee is it permissible as far as DOL goes to allow exempt employees to accrue time from one week to the other? Example would be - Joe an exempt employee works 45 hours this week and works 35 hours next week?

LivindonSouth

Exempt? The DOL has no concern about how many hours per week an exempt works, only that you pay them the guaranteed amount. You mention comp time in your subject line but not your question. The FLSA specifically does not allow the accumulation of comp time for non-governmental employees.

njjel

I do believe that an exempt ee may accumulate comp time for hours over 40 if that is the company policy, correct?

LivindonSouth

As Geno outlines below, the FLSA intends that you NOT have the illegal practice of counting up or tallying exempt hours over 40 and turning around and granting that number off. That can jeopardize the exemption as quick as anything.

That's the reason I said comp time for non-public exempts is not a legal practice. And comp time for ANY non-exempts is illegal. Employees cannot relinquish or trade-away their rights to overtime pay.

Geno

njjel,

Some employers do practice a form of “compensatory time-off” to exempt employees in recognition that certain employees may deserve special consideration after putting in extra time on the job. However, as previously noted, this type of compensatory time-off to exempt employees is distinct from the compensatory time-off given to public employees in lieu of overtime compensation.

That said, the single most important thing to keep in mind concerning the practice is that this type of consideration should never be calculated on an hour-per-hour basis nor granted every time an exempt employee works more than 40 hours in a single week because such a practice can jeopardize the employee’s exempt status.

Geno