Compensation in lieu of OT

Traceyd

I have a non-exempt salaried employee who will be working an additional 6 hours each week for additional training for her position. This will result in OT hours each week; however, she is requesting compensation time in lieu of being paid OT for these hours. Is it ok to have her clock her actual time at work to include her training time and ask her to sign a form indicating her desire to waive the OT and replace with comp time? And, if this is ok should the comp time be given to her as time and a half? I appreciate any advise you can offer.

sonny

Unless you are government, it is my understanding you can not do comp. time and she can not waive her right to OT.

If you are govt., it does have to be at 1.5

Traceyd

I am an Illinois non-goverment employer. I do not normally allow this, but wanted to verify if the request is of the employee is it still ok to allow if I get something in writing indicating their desire to waive OT pay. Thanks

NaeNae55

Actually, as long as your policies allow it you can give her comp time. It just has to be in the same week. Otherwise you are out of compliance with FSLA.

sonny

I know it is sematics, Nae, but in your scenerio I would call this flex time and it would be hour for hour, not time and a half.

NaeNae55

You are correct sonny. We call it comp time here, but we do not pay it at time and a half.

ACU Frank

The key with the flex times is that it has to be in the same week.

In other words, you probably cannot do what you're talking about doing, whether your employee is okay with it or not.

FunHRBanker

We would call time off in the same work week "offset". If you offer comp time, I believe it must be given at 1.5 times. So if the employee would have been paid 4 hours of overtime, you would have to give 6 hours of comp time.