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Employers in the private sector are not permitted to bank time for hours worked over forty in a work week or give comp time instead over overtime. The FLSA specifically requires that if employees work more than forty hours in a work week, they must be paid their payment. Therefore, if your employer is giving you banked or comp time when you work over forty hours in a work week, your employer is violating the FLSA if you work for a private employer. Remember that if you work for the government, this practice may not necessarily be a violation of the FLSA.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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