Compensatory time off in lieu of overtime pay is something that governmental employers may use, but private sector employers may not make use of compensatory time. Private employers may use an informal variety of compensatory time by adjusting the schedule within the same workweek to ensure that total hours worked do not exceed 40. However, overtime hours may not be averaged out over a longer period of time except in exceedingly narrow cases of certain employees of residential care facilities, and in the case of certain police, firefighting, and EMS employees. Otherwise, any overtime worked within a workweek must be paid for that workweek.
To find out if you are eligible for past and present overtime pay, you should contact our unpaid overtime lawyers now at (855) 754-2795 to learn more about your legal rights to receive the money you are owed for your time worked. Our experienced attorneys will evaluate your case and discuss your legal options with you. We provide a Free Case Review and there are no legal fees or costs until you receive your settlement.