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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 comped time instead of overtime. The Fair Labor Standards Act specifically requires that if employees work more than forty hours in a work week they must be paid cash or its equivelent. Therefore, if your employer is giving you something called banked or comped time when you work over forty hours in the work week, your employer is violating the Fair Labor Standards Act. If you work for the government, however, this practice may not be a violation of the Fair Labor Standards Act.
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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