ST.LOUIS — A woman working for a St. Louis-area staffing agency recently filed a proposed class action unpaid overtime lawsuit against her employer, alleging she and other similarly situated employees were improperly classified as overtime exempt employees. The suit also focuses on an all too common policy many employers have of compensating overtime hours with “comp time” in lieu of actual wages on a pay check.
The unpaid overtime class action lawsuit, filed in U.S. District Court for the Eastern District of Missouri, alleges the defendant, Preferred Staffing, improperly classified some workers as overtime exempt and scheduled these same employees for “on call” during certain shifts. Instead of compensating employees with one and a half times their regular rate of pay, the defendant issued paid time off or “comp time” instead.
Is it Legal for My Employer to Give Comp Time Instead of Overtime?
While many worker may feel as though paid time off is a fair substitution for overtime pay, the reality is that private sector workers generally cannot have their wages supplanted by some type of company benefit. Even if the employee is satisfied with the arrangement, compensatory time is not an acceptable substitute under the law.
Some states do allow some private sectors to award compensatory time instead of overtime pay, but these situations are narrow and subject to strict interpretation within each state. Federal laws do allow government employees to receive compensatory time instead of overtime, but must be covered in a collective bargaining agreement with the workers’ union.
Often times, workers promised compensatory time do not even receive their promised time off or are told it cannot be used during certain times, effectively robbing the individual of any compensation (legal or not) for hard work. Workers with questions about their overtime exempt status, compensatory time, or unpaid wages should contact an experienced overtime pay attorney to discuss their case and find out if compensation for unpaid wages or time off may be available.
Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.