What should we do? If employee took all her comp time, she couldn’t do her job

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in Compensation and Benefits,Human Resources,Overtime Labor Laws

Q. We have an exempt supervisor who has accumulated more than 400 hours of comp time over the past year. It’s almost impossible for her to take 400 hours of comp time and still do her job. What is our obligation to pay for this comp time? How can this issue best be resolved?

A. Comp time is not permissible for nonexempt employees of private employers. Although not unlawful for exempt employees, comp time can create challenges and undermine the notion that exempt employees are expected to work the number of hours needed to get the job done with no extra compensation.  

Going forward, you should consider capping the amount of comp time an employee can accumulate.

Whether you are obligated to “cash out” the employee’s comp time depends on your policy. There is no other legal entitlement to comp time or its cash value.

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