Use of Non-Existent Comp Time
Nina I
57 Posts
Oh, boy, I surely know this has been a topic at some point, but a search didn't find it - I apologize in advance if this is old news, so to speak. I desperately need info on how any of your companies handle time-off issues, specifically comp time. Our COO has started taking "comp" time, which we do not have. Others have noticed and have started doing the same - some are hourly, some are salaried. This is the same guy who starts corp ees at all sorts of different levels for vacation and benefits - sometimes he's just clueless and sometimes just doesn't care...I'd like to offer a solution, but would like to see how other companies do it first. Help, anyone?
Comments
We tend to view these things as case-by-case. Some departments can work with "flex time" and others, such as our call centers, cannot.
If you do not have a company policy, now might be a good time to draft one. It's difficult to discipline without it. And you can't have ee's making up their own hours.
I think you said in your post, "He just doesn't care." That's probably the bottom line. Not knowing your culture there or how much weight you carry at the company or how much power he might wield, I can't assess the danger of your messing with this issue. That would have to be my advice to you though - thoroughly assess those things before you make a move.
To respond to Whatever, it wasn't a matter of watching his time - his new secretary, who is in charge of the corporate calendar, noted a few days as "XXX - Off - Comp Day." I emailed her back, letting her know we didn't have comp time, because I thought it was simply a mistake on her part, since she's new. She revealed that he had orginally designated the time as vacation, but then asked her to change it. And the only reason I know his vacation status because our lead accountant asked me to clarify our policy last month, since he had already used the vacation time he had on the books. It's none of my business how he spends his time - I like the guy - but you see the problem of asking him not to use the phrase "comp" - he'll feel that I'm telling him he's wrong, can't do that, get defensive, etc. (No one likes to point out anything to this guy due to his defensiveness.) I'm trying to be tactful, resourceful and keep us out of trouble, all at the same time. I had proposed the idea of PTO at one point, because he has a hot spot for people using sick time, but our directors didn't like the idea...hence my plea for ideas.
Maybe the COO's boss should be informed indirectly or directly of the situation so that this "free ride" gets resolved or continues depending on how they handle it then it is on their shoulders I would document events to CYA.
Once decision is made move on.
OK, Bring it on.
Lisa
In the private sector the EXEMPT EE, your COO and all other exempt employees, could have a comepensatory program; however, your ees who fall under the FLSA are specifically without recourse as to how they are to be paid with cash against hours worked and for all hours over 40 they must receive a minimum of 1 1/2 times their regular rate of pay.
Your COO appears to want a compensatory program for the EXEMPT. It is this very reason that I continuously recommend all HRs never to become the "clock watcher". Make time "clock watching" of the EXEMPT ee the responsibility of the supervisory/management. Make time "clock watching" of the non-EXEMPT, also the responsibility of the supervisory/management, let them approve the time worked, and you simply pay what they have approved.
If the responsible manager wants to approve sick time, vacation time, or PTO time for the ee, then we pay it, accordingly. When he/she wants to approve COMPENSATORY TIME OFF FOR THE EXEMPT EE, WE PAY THE NORMAL WEEKLY SALARY, ACCORDINGLY. When he/she/ wants to approve compensatory time off for the non-exempt ee, we stop the payroll processing of the ee time sheet (card) until the information is corrected. If not corrected in time, we change the time to regular rate of pay or o/t, when appropriate and move on.
Hopefully, in the new change this issue will be resolved, but I have not seen where it is spelled out and given to the private sector the same as the public sector.
PORK
California frowns upon Comp time for non-exempt employees. Take a look at this link, the code is 204.3:
[url]http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=2943184911+0+0+0&WAISaction=retrieve[/url]
I know this does not address your COO, however when employees are exempt from overtime they are paid for the job they do, not the hours worked. I will assume the COO reports to someone, if they are not bothered by it, then I would let it go.
For the hourly employees if they are taking comp time you are likely in violation of California Wage and Hour Law. I would speak up now on that issue.
Please update us on how this turns out.
My CA labor law reference has a section that says that hourly employees can request to work makeup time without incurring overtime, under certain conditions, such as within the same work week, in writing, etc. We also cannot solicit them to do so. However, Section 204.3 says (if I'm reading it right) that they may receive compensatory time if it equals what they would earn at 1 1/2 times their regular rate. Is that right? And how do I reconcile that with the statements that it is not allowed at all under FLSA?
Also, to clarify - I am not trying to force the COO to account for his time, I'm trying to avoid his misnomer blooper (for lack of a better phrase) to lead hourly employees to think they have it as an option (it's already gone down on one ees time card). Really, I'm not looking for trouble, promise! Got enough of that with all the sexual harassment investigations this month, but I digress, as we often do...
So, in California, it's not comp time, it's makeup time???? (Hourly only.) By the way, the footnote reference I have on the makeup time provision is DLSE Memorandum of December 23, 1999, which I've not personally read.
We in Mexifornia x;-) have an 8 hr a day 40 hr work week meaning that anything over 8 is OT.
Lisa
California went back to the 8hr/day/40/hours/week back in 1999, so I think that was why DLSE issued that letter, so that there would be some provision for the makeup time. I think. Oh, forget it, I'm moving!
Seriously, thanks to all for your help! I will let you know how I decide to broach it with the COO...
You could also whip out your handy dandy and "rabbit eared" copy of the actual FLSA and show him his Wrong doing in actual law. However, make sure he understands what he is doing for his own person is not legally wrong, it just is right for everyone, and he would be advised to keep every thing simply.
PORK
But since the COO is exempt, his actions seem OK under the FLSA. All he's doing is stealing time from your organization. If his boss doesn't mind, that's the end of the story. /:)
James "Not a Lawyer" Sokolowski
HRhero.com