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• I am employed by a private health insurance company in Pennsylvania. My job title is workflow coordinator. I am regularly expected to work overtime but I do not get cash overtime for it, only "comp time." Usually I work overtime when I'm covering both my job and my boss's job. Is this legal?

   

• While the FLSA does not require an employee to be paid more if he or she is forced to do the same work as a higher-paid supervisor, it does require employees to be paid overtime for extra work hours, even if the work is not part of the employee's normal job. The questioner states that he or she spends about 37 hours doing basic office tasks (typing, filing, faxing, etc.) and a few hours a week doing monthly, quarterly and annual reports which require analytical and mathematical skills. It is possible that, under the new regulations, the questioner would lose overtime protection, but without more detail it is difficult to say. In any case, if the questioner is covered by the FLSA, he or she cannot be legally refused cash overtime compensation. In the private sector, comp time cannot be paid instead of cash overtime.
• This response provided by Baldwin Robertson of Woodley & McGillivary

   

• 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.
• This response provided by Baldwin Robertson of Woodley & McGillivary