Can an employer deduct unauthorized hours worked from an employee's paycheck?
No. If an employee works unauthorized hours, even after notice by the employer that additional work hours are not allowed, the employee must be paid for those hours worked, including any overtime accrued. The employer's only option is to use progressive disciplinary action, up to terminating the employee for violating policies, procedures, instructions or orders issued by the employer.
Can compensatory time be granted in lieu of payment for nonexempt employees (as defined by the Fair Labor Standards Act) who work overtime?
Yes. However, officials should carefully consider if they want to make comp time an option. If they do, they should enact policies to govern its use.
Compensatory time must be granted at a rate of at least 1.5 times the hours worked in excess of the maximum statutory hours. (See next question about maximum statutory hours.)
The employer should set a time limit within which the employee must take the accrued comp time.
Employers should not offer compensatory time if manpower limitations severely restrict the likelihood that the employee could take time off within a reasonable time period from the date of accrual.
Earned but unused compensatory leave is a financial liability for the municipality. It must be reported in the annual audit and is payable at the time of the employee's termination, retirement or death.
What are the maximum statutory hours worked for nonexempt employees before triggering overtime?
Most employees
40 hours per work week (seven days)
Law enforcement
43 hours per week (seven days)
86 hours in two weeks (14 days)
171 hours in four weeks (28 days)
Fire suppression
53 hours in one week (seven days)
106 hours in two weeks (14 days)
212 hours in four weeks (28 days)
Can an employer schedule employees "off" to use compensatory leave accrued?
Yes. The employer can schedule an employee "off" in order to use accrued compensatory time, with or without the employee's consent.
Is there a maximum accrual level for compensatory time?
Yes. Public safety (law enforcement and fire) employees can accrue a maximum of 480 hours. The maximum for all other employees is 240 hours.