Exempt & comp time

RachelCA · February 2007

Do you offer comp time to the exempt that work on their days off all the time?

System · February 2007

Couple of key questions: Are they voluntarily working their days off? You also added "all the time"; does that mean they have no days off?

RachelCA · February 2007

Thanks for the questions. Those are really good questions. They work their days off voluntarily. Most of our hourly workers work under the 9/80 schedule, which means they work 9 hours everyday Monday through Thursday and take every other Friday off. The exempt follow the same schedule,so they are entitled to take every Friday off too. But a couple of our exempt employees are here every Friday. Some of them claim comp time when they need time off during the week. Some of them almost used no vacation time last year. Our policy does offer comp time to the exempt who work on their days off, but I am not sure how to count the scheduled Friday offs.

Dawgeye · February 2007

Unless you're in the public sector, I'd stay away from even using the term, "comp time." It just has too much baggage. I guess I'd try to control it a bit by offering a flex schedule within the workweek, or perhaps even extended to the pay period, as needed given that they are exempt.

In my company it is pretty much expected that exempts work "whatever it takes" to get the job done. We don't count hours, but are somewhat flexible and lenient when it comes to things like doctor's appointments, etc. I think if you start counting hours (which is somewhat implied when you say, "some of them almost used no vacation time last year"), you can begin to get your self into trouble because you are starting down that slippery slope toward "regarding" them as non-exempt."

FWIW.

jade4868 · February 2007

Follow Dawgeye's example. There is no such thing as "comp time" in the private sector. Exempt employes are expected to work the number of hours it works to get the job done and if that means they work 3 days one week and 7 days the next, then those are their hours. However, the supervisors of exempt employees may have a problem with exempt using their time in that fashion, but that is up to them to decide.

System · February 2007

Agree with last two. Comp time is a dangerous term and can serve no good purpose in exempt pay practices. It is surprising that you would have them coming in voluntarily on their days off. Our folks feel they are overworked only working 4 10's. Not really, they work 7 days per week at times too.

RachelCA · February 2007

Thank you all for your responses. The comp time policy existed prior to my employment with the company. I agree with you all. It is time to bring this issue to the management's attention.

Dawgeye · February 2007

Rachel - if you need support in getting the policy changed, you might contact your P&C insurance broker ... some of them (at least mine does) have a risk management/loss prevention service as a part lf their commission fee structure, and they would be more than willing, I'm sure, to advise you to change the policy from an employment practices liability POV.

Good luck.

dbutton111 · February 2007

I don't get some of these responses. Comp time is pefectly legal for exempt employees. As long as their weekly salary does not change it doesn't matter if they work 1 hour a week or 100. You can schedule them for how you need them if they have to be at the office for certain hours or days. If they work beyond the normal hours for your office and need to take a few hours off another day, that's fine too. Doesn't matter.

The only time comp time is a problem is if you are using it for non-exempt employees, which is illegal.

RachelCA · February 2007

According to the California Labor Law Digest, "providing an exempt employee with formal Compensatory Time Off (hour-for-hour, or day-for-day)likely would destroy that employee's exempt status." Therefore, there should not be a formal and clearly defined CTO policy for the exempt. On the other hand, a couple of paid days off after the completion of a long and stressful project would be considered okay.

dbutton111 · February 2007

Maybe under CA law, but federal allows it. Sorry, I should have been more clear that I was talking federally only and that state law should always be checked.

Exempt & comp time

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