Compensatory time or "comp time" occurs when an employer allows an employee to receive days off in lieu of overtime compensation. Comp time in lieu of overtime compensation is permitted when you are a governmental employee and when certain conditions are met. In addition, in some states, private employers can give comp time in lieu of overtime compensation.

In general, non-exempt employees working for private employers are eligible for overtime pay during the weeks in which they work overtime. Private employers cannot give comp time to non-exempt employees in lieu of overtime pay and require those employees to use comp time at a later date.

Non-exempt employees must be compensated for overtime during the week in which it is worked.

If your employer has failed to pay overtime wages, you may be eligible to make a claim for damages. If you have questions about this investigation or would like to discuss your potential claims, please contact us.