1734 Stop using comp time with nonexempt employees

Law Meets Gospel

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8y ago 11:38

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Does your organization use compensatory time instead of paying employees overtime? Stop! Many mistakenly believe that nonprofits are allowed to give employees time off to make up for earned overtime. But this isn't true. If an employee is subject to the Fair Labor Standards Act (FLSA), that employee must be paid time and a half for any time worked over forty hours in a seven-day work week. While some church employees may not be subject to FLSA, for those employees who do, it's important to comply and pay overtime. For exempt employees and employees who are not subject to FLSA, these questions are likely decided by state law. See the notes below for resources on determining which employees are subject to FLSA and how to deal with comp time with exempt employees. For more about overtime requirements, check out these episodes:

The basics of overtime rules—with Shelley M. Jackson and Pastor John Hickey (January 3, 2017)
Which employees are covered by overtime rules?—with Shelley M. Jackson and Pastor John Hickey (January 10, 2017)
Does the FLSA apply to our church?—with Shelley M. Jackson and Pastor John Hickey (January 17, 2017)

For more reading material, check these out:

Stop using comp time in place of overtime!
Here’s a helpful blog post going into more details about FLSA and compensatory time: http://www.wagehourinsights.com/2015/07/can-employers-offer-compensatory-time-to-exempt-employees-wage-hour-faq/

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