Exempt comp time

we're a public employer; got my policy communicated as directed by new regs. Now, I'm drafting practice on how to handle hours worked in excess of 40 per week by an exempt employee.
Special events such a NASCAR at Bristol this weekend will require supervisors to work all weekend. Do you allow exempt to accrue "comp" time and take it later? Hour for hour worked over 40? 50? Do you have a limit? or just expect them to work whatever is necessary?
Being fair and consistent is the bottom line, but what is fair?


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  • Whatever you decide to do, remember that although federal law does allow PUBLIC sector employers to enter into comp time arrangements with employees in lieu of overtime, the following restrictions do apply: Comp time must be at the rate of time and a half. If the jobs are public safety, emergency response or seasonal activities, the limit is 480 hours accrual. For all others, the limit is 240 hours of comp time. Beyond those limits, the law requires that yo pay money for overtime. Since the limit is 240 total hours (including half time) accrual for typical public sector jobs, the maximum number of hours the employee can actually work over would be 160 hours. (240 = 1.5X, 240 divided by 1.5 = X, X = 160).
  • Tks. The positions in question are the supervisory/management positions. We're good to go on the LEO/fire positions, but the exempts want to keep track of hours worked over 40 per week, save them up, and take them off as comp time.

    If we do this, think it will effect their exemp status?

  • No, it will not. Federal law allows just what you propose in the public sector. Nothing wrong with it as long as you follow those rules I outlined above. Use of a comp time program is perfectly legit it public sector for your exempts.
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