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Can you be forced to work for comp time?
Comp time must be issued at a rate of not less than one and one-half hours for each hour of overtime worked. However, where there has been no agreement, nothing in the FLSA prohibits public employers from requiring employees to use comp time after they have accumulated a certain number of compensatory hours.
Can your employer legally make you work on your day off?
Yes. The Employment Standards Code states that an employer must give employees days of rest but does not say which days those have to be. If weekend work is a job requirement, you should consider whether you want the job.
Can my employer make me work extra hours unpaid?
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment. It is often the case that employees are expected to work unpaid overtime from time to time, to meet the reasonable requirements of the business.
Why is comp time illegal?
The reason comp time is prohibited under federal law is that it allows an employer to get out of paying an employee overtime as required under the FLSA. The Fair Labor Standards Act requires a non-exempt employee to be paid time and one-half for all hours worked in excess of 40 hours in a single week.
Is it illegal to work more than 48 hours a week?
Legally, your employer can’t make you work more than 48 hours a week, including overtime. If they want you to work more than that, your employer has to ask you to opt out of the 48-hour limit.
How does comp time work hourly?
Compensatory time, or comp time, is paid time off given to an employee instead of overtime pay. For example, you have an employee who works 45 hours in one week. Instead of paying that employee five hours at time-and-a-half, you offer five hours of PTO instead, in exchange for those extra hours worked.
What is the law on comp time?
An employer can offer comp time in California, but the employer must comply with Labor Code section 204.3, which requires all of the following: Employees may not accrue more than 240 hours of compensatory time off. An employee must make a written request for comp time in lieu of overtime pay.
How long of a break for a 12 hour shift?
12 hour shifts are legal. However, the regulations generally require that there should be a break of 11 consecutive hours between each 12 hour shift.
How many hours can my employer require me to work?
How many hours can my employer require me to work? The federal Fair Labor Standards Act (FLSA) does not limit the number of hours in a day or days in a week any employee (salaried or hourly) may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.
How many days off do you have to give an employee?
A retail employer must allow full-time employees (defined in the following statute as those who work more than 30 hours in a week) at least one 24-hour period off in seven, i.e., each week, the employee must be allowed to have a day off.
Can a nonexempt employee be asked to do work off the clock?
] Nonexempt employees who are covered by the Fair Labor Standards Act can’t be asked to do work off the clock. For instance, workers can’t be required to do prep work or clean up outside their paid shifts. What’s more, employers should be wary of any request to be paid in cash or off the books.
How long does it take to file a complaint against an employer?
Most of these agencies have online reporting options. However, it can take six months to a year or more for your matter to be heard, Reddock says. Another option is to contact a private employment attorney. These lawyers can take civil action against an employer, which could lead to changes in the workplace as well as monetary restitution.