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Private13214

   
Comp Time Policy for Exempt Employees  
Posted: 06/03/2009 12:17pm   150 Views
  

Does anyone have a compensatory time policy for exempt employees?  I have reviewed the FLSA guidelines and have not found anything which I expected since exempt employees are paid a salary to perform a job.  Does anyone use a compensatory time tracking system?  Since we are discussing exempt positions, I would expect any tracking would be conducted by the day and not the hour.  Thanks.


Private34235

   
Comp Time Policy for Exempt Employees  
Posted: 06/03/2009 12:54pm  
  
 

Here is a quote from  DOL Opinion Letter 2006-32 that will help:

http://www.dol.gov/esa/whd/opinion/FLSA/2006/2006_09_14_32_FLSA.htm

Where an employer has a bona fide benefits plan (e.g., vacation time, sick leave), it is permissible to substitute or reduce the accrued leave in the plan for the time an exempt employee is absent from work, whether the absence is a partial day or a full day, without affecting the salary basis of payment, if the employee nevertheless receives payment of his or her guaranteed salary. Where the employee’s absence is for less than a full day, payment of the employee’s guaranteed salary must be made, even if an employee has no accrued benefits in the leave plan and the account has a negative balance.


Private10790

   
Comp Time Policy for Exempt Employees  
Posted: 06/03/2009 01:23pm  
  
Frank's the resident FLSA expert knows where all the opinion letters are buried, but I stumbled on this link:  http://www.opm.gov/oca/pay/HTML/COMP.HTM, showing the OPM policy for compensatory time off for both exempts and non-exempts.  Ought to serve for us mere taxpayers, I hope.

Private13214

   
Comp Time Policy for Exempt Employees  
Posted: 06/04/2009 07:40am  
  

Thanks for both links.  I found them both helpful.  I do find it interesting that an exempt employee has 26 pay periods to use their comp time or else it is paid out.  With comp time being something that is a “nice extra”, it is not owed to an exempt employee and becomes an expense if it is not taken and paid out. 

 

Lastly, I thought nonexempt employees either had to receive overtime pay or use their comp time within the same pay period to remain in compliance with FLSA.   


#1

Comp Time Policy for Exempt Employees  
Posted: 06/04/2009 08:10am  
  

Reference your comment, Keish---Lastly, I thought nonexempt employees either had to receive overtime pay or use their comp time within the same pay period to remain in compliance with FLSA.   

That's my understanding too in the private sector. It could be different for gov't employees.


Private13214

   
Comp Time Policy for Exempt Employees  
Posted: 06/04/2009 08:36am  
   (1 rating)
I guess the federal government implement different rules since they develop the policies and regulations for others to practice.  My background is in the private sector too.  

Actually, I do struggle with having a formal comp time policy for exempt employees.  However, my client currently utilizes this practice.  I want to ensure they are in compliance.   

Private10790

   
Comp Time Policy for Exempt Employees  
Posted: 06/04/2009 09:20am  
  
Clever last post, Keisha!  You politely managed to avoid calling attention to the way the feds act concerning regulations: "do as I say, not as I do."  Subtlety in postings is a difficult art.  Wish we had an award for brilliant phrases or for weasel-wording (not you).

There are different OT regulations for some sectors like government and law enforcement.  Can't remember if the old exceptions for laundries and similarly traditionally family-owned/operated business that typically compete with home-activities still apply under the new rules.

Private13214

   
Comp Time Policy for Exempt Employees  
Posted: 06/05/2009 06:44am  
  
I'm aware of the exceptions for enforcement, etc.  Unfortunately, they don't apply in this situation.  I appreciate all of the opinions given.

Have a great day.
Keisha

 
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