Is it acceptable under FLSA, if an employee and employer agree that the employee will receive comp time instead of overtime wages? Or, does a nonexempt employee always have to choose the overtime pay?
Employment / Labor Attorney
Interestingly, Washington law provides that comp time is okay as long as the employee is awarded 1.5 hours of comp time for every hour of overtime. Plus, it has to be on request of the employee. It cannot be requested by the employer. But that is pretty much moot for private sector employees because the practice is not permitted under the federal FLSA unless the time off is taken in the same pay period the overtime occurred. Unless it is in the same pay period, comp time is NOT permitted under federal law as a substitute for overtime for private sector workers. It is, however, permitted for public sector workers. There was a bill in Congress a few years ago to allow comp time for hourly workers but it did not pass. Hope that helps. -Don