FLSA Mandatory Time Off "UNDUE HARDSHIP"
Robert Kavanaugh
5 Posts
Under FLSA an employee can take FLSA compensatory time off on demand. Even if the request for time off leaves the employer under staffed for that shift, the request can not be denied. The employer is required to find a replacement and pay overtime to the replace if necessary. The only time the requesting employee can be denied the FLSA time off is if it creates an undue hardship to the employer. "Undue hardship" is not defined anywhere that I can tell. My questions in this, does anyone have any experience or a resource where I can better understand "undue hardship"?
Comments
Unless you are a government entity, you cannot allow an employee to accumulate comp time. If you are trying to avoid overtime by allowing the employee to take time off, then they must take equivalent time off [u]within the same workweek.[/u] Your choices are ...give the employee time off in the same week or pay the overtime for hours worked beyond 40.
Overtime is considered under FLSA to be more than 40 hours worked in a work week. Comptime in lieu of overtime pay is only allowed for public sector if the governmental entity has it as a policy. Comptime is also at time and one half but could be a combination of both pay and accrued time that total time and one half time the hourly rate, e.g., one hour straight rate pay and 30 mintues of comp time, or vice verse.
Take a look at 29CFR778.100 and the following sections that describe compensation for overtime. On the other hand, take a lok at 29CFR553.21 for comptime provisions for public sector employers.
[url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr778_98.html[/url]
[url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr553_98.html[/url]