Topic: Overtime pay and comp time

I work for the State of Arkansas and I have accumulated over 300 hours of overtime. The state does not pay for the overtime, but gives us comp time instead. I am a family service worker paid by the hour. Is this legal?

Since the questioner is paid by the hour in a non-professional (i.e., doctor, nurse, teacher, or lawyer) occupation, it is probable that the questioner is covered by the FLSA. In the public sector, employers can pay their workers for overtime hours using comp time rather than cash compensation. However, this method is subject to federal regulations, and the number of hours that can be paid by comp time and not overtime is capped at 240 a year (480 for emergency services employees). In addition, the choice of comp time rather than cash overtime is generally to be made pursuant to an agreement between the employer and employee, and must not be coerced. The subject of comp time agreements is not covered by the new regulations issued by the Department of Labor; they are also very complicated. If you think your employer is coercing you into taking comp time rather than cash overtime, you should probably consult an attorney.