(a) Compensatory time and compensatory time off are interchangeable terms under the FLSA. Compensatory time off is paid time off the job which is earned and accrued by an employee in lieu of immediate cash payment for employment in excess of the statutory hours for which overtime compensation is required by section 7 of the FLSA.
(b) The Act requires that compensatory time under section 7(o) be earned at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by section 7 of the FLSA. Thus, the 480-hour limit on accrued compensatory time represents not more than 320 hours of actual overtime worked, and the 240-hour limit represents not more than 160 hours of actual overtime worked.
(c) The 480- and 240-hour limits on accrued compensatory time only apply to overtime hours worked after April 15, 1986. Compensatory time which an employee has accrued prior to April 15, 1986, is not subject to the overtime requirements of the FLSA and need not be aggregated with compensatory time accrued after that date.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1988–2022 · leading case:
Scott v. City of New York, 340 F. Supp. 2d 371 (S.D.N.Y. 2004).
Scott v. City of New York, 340 F. Supp. 2d 371 (S.D.N.Y. 2004).
“For purposes of the act, "compensatory time off is paid time off the job which is earned and accrued by an employee in lieu of immediate cash payment for employment in excess of the statutory hours for which overtime compensation is required by section 7 of the FLSA.”
Abbott v. City of Virginia Beach, 689 F. Supp. 600 (E.D. Va. 1988).
“The first is the Department of Labor’s interpretation of Section 207(o )(2)(A) found at 29 C.F.R. § 553.22 . That regulation reads in part: In the absence of a collective bargaining agreement applicable to the employees, the representative need not be a formal or recognized…”
Brekke v. City of Blackduck, 984 F. Supp. 1209 (D. Minnesota 1997).
“” 29 C.F.R. § 553.22 (a). 7 . In May of 1994, the Plaintiff's job description was revised to eliminate the “volunteer” requirement altogether.”
Giallanzo v. City of New York (S.D.N.Y. 2022).
· cites it 2× “1 9 9; see 29 C.F.R. § 553.22 (“Compensatory time off is paid time off the job which is earned and accrued by an employee in lieu of immediate cash payment for employment in excess of the statutory hours for which overtime compensation is required by section 7 of the FLSA.”
Nance v. Crockett Cnty., 150 F. Supp. 3d 881 (W.D. Tenn. 2015).
“Comp time is “paid time off the job which is earned and ■ accrued by an employee in lieu of immediate cash payment for employment in excess of the statutory hours for which overtime compensation is required” under the FLSA.”
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