NC Wage & Hour-On call at over time rate vs. giving "comp time"

Jarrett

We would like to give 2 technicians "Comp time" that they can use at their discretion during the week to make up for "on call" time that they come in for on rotating weekends, as needed.

i.e. 3 hours comp time vs. 3 hours at time and a half. (If the visit goes over 3 hours, employee paid at time and a half for the additional time).

Wouldn't these employees have a legitimate complaint if we have other employees "on call" that would receive the time and a half if their hours go into over time?

Theresa Gegen TX

Overtime is generally determined on a 40 hour per week basis. So if someone works 12 hours on Monday, but then takes off after four hours on Friday, they have only worked 40 hours, and are not due any overtime.

So if you are limiting the employees to 40 hours a week, no overtime is due. But if they are working more than 40 hours during the week, they must be paid overtime (comp time can only be used by public employers).

You need to check closely how you start and end the workweek, because hours on the weekend days could fall into either week (some employer start the work week on Monday, and some on Sunday.

Hope this provides you with some help.

Good Luck.

Stan PHR

Since you don't indicate so, I assume you are not a governmental agency. Comp time is not allowed for non-governmental entities.

Jeffrey

We allow our employees to work to make up for a future day off. For instance; the day after thanksgiving is not a paid holiday,but we are shut down that day.In the past we have allowed employees to work some extra hours in the weeks prior to the holiday to make up for the day after the holiday. The extra hours do add up to more than 40. Do we have to pay them overtime or if they agree can they apply that time to the day after the holiday?