Employers Offering "Comp" Time Instead of Overtime

Web Admin - Tuesday, March 11, 2014

illinois overtime employee lawyerMany employees are owed overtime by their employers under the Fair Labor Standards Act (FLSA) once they work more than 40 hours in a week. Illinois also has a separate wage and hour law that comes into effect at the same 40-hour mark. While many employers dutifully obey these laws and pay the qualifying employees time-and-a-half during overtime, sometimes, either intentionally or by mistake, employers subvert these laws. One of the most common ways that employers attempt to get around paying overtime is through the use of compensatory or "comp" time instead of overtime.

This practice involves employers allowing a worker to take paid hours off in the future based on the amount of overtime hours worked. Most commonly these hours off will be either equal to the amount of overtime, or an hour and a half off for each hour of overtime.

Who Is Entitled to Overtime?

The first step in determining whether an employer is violating wage and hour laws related to overtime is to find out if the law mandates overtime for the employee in question. The first place to look is in the FLSA, which governs overtime requirements on a federal level. The FLSA qualifies all hourly employees for overtime pay, unless they fall into a list of exemptions. The Department of Labor provides a full list of exempt employees. Some of the most commonly applicable exemptions are:

  • - Sales employees working on commission;
  • - Computer professionals making at least $23.67 an hour;
  • - Drivers, loaders, and mechanics employed by motor carriers;
  • - Salesmen, partsmen, and mechanics who work for automobile dealerships; and
  • - Executive, administrative, and professional employees who are paid on a salaried basis.

Illinois’ wage and hour law also contains a list of exemptions, though these largely overlap with the FLSA’s list. For an employee to be exempt from overtime requirements, their occupation would need to be exempted from both the FLSA and the Illinois overtime law.

Is Comp Time Legal?

If a private sector employee falls under the ambit of overtime laws, then paying them with compensatory time instead of an overtime rate violates overtime laws. The purpose of those laws is to provide employees a premium for working overtime, which comp time circumvents. Importantly, this rationale does not apply to all rearrangements of schedules. The overtime laws focus on a weekly time scale, meaning that working more than eight hours in a day does not qualify a person for overtime, and an employer is allowed to shift time within the week to keep an employee below the 40 hour threshold. It is only the banking of paid time off in lieu of an overtime premium that violates the law.

If you believe you have been the victim of an overtime violation like comp time, reach out to a Barrington employment lawyer today. Our team handles cases in many northwest suburbs, including Schaumburg, Rolling Meadows, and Palatine.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Illinois trucking safety Chicago insurance law firm Barrington injury attorney South Barrington real estate lawyer Chicago employment lawyer Rolling Meadows DUI lawyer wills and trusts Illinois rollover accident lawyers Illinois employment law firm Long Grove real estate attorney Illinois elder law attorney Rolling Meadows criminal attorney texting and driving Illinois law Crystal Lake law firm Illinois Smoke Detector Act fault based insurance medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers forming a corporation in Illinois Super Mario Illinois insurance claim attorney insurance claim delay Barrington criminal defense lawyer Barrington Illinois estate planning lawyer Crystal Lake car accident attorney Buffalo Grove employment lawyer commercial real estate homestead rights traffic deaths employment contract murder defective products lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Jay Andrew Rolling Meadows accident lawyer truck collisions appealing an insurance claim drugs involuntary manslaughter Chicago car accident lawyer product liability taxes products liability gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys crossover accidents Buffalo Grove corporate attorney Family Medical Leave Act Des Plaines personal injury lawyer healthcare claims car accidents Class A misdemeanor Des Plaines DUI attorney foreclosed rental property car accident lawyer pizza emoji Palatine employment attorney vacation home operating agreements IRS swimming pools Rolling Meadows Traffic Lawyer investment property denied insurance claim modern family estate planning license revocation Schaumburg drug defense lawyer Illinois employment laws marijuana Illinois estate planning law firm Rolling Meadows traffic law firm income distribution deducation insurance denials Schaumburg civil litigation attorney breathalyzer test spinal cord injuries consent to a search DUI automated cars estate planning trusts Rolling Meadows insurance lawyer trust payments sole proprietorship Forcible Entry blood alcohol content Chicago corporate attorney personal injury attorney medical malpractice compensation murder charges Chicago will attorney, social media platforms, Illinois estate planning lawyer, unpaid overtime pet law Illinois insurance claims lawyers boating under the influence insurance claim denial unpaid assessment Landlord Tenant Ordinance IRA trust transfer manufacturing Illinois lawyer drug crimes Illinois wills and trusts attorneys holiday statistics landlord tenant law Arlington Heights wills and trusts lawyer Barrington real estate lawyer trucking accidents Arlington Heights real estate lawyer no contest clauses Illinois pedestrian accident attorney DUI penalities Illinois home inspection controlled substance Barrington estate planning lawyer Crystal Lake bike accident lawyer personal injury lawyer probate claims low-ball insurance settlement health insurance dispute Schaumburg personal injury lawyers insurance disputes driving Rolling Meadows traffic attorney internet underinsured motorist insurance claim dispute marijuana crimes attorney deed transfer nursing home negligence Rolling Meadows boating crash lawyer Inverness insurance attorney llinois Real Estate Lawyers Association cell phone accidents GM ignition switches Long Grove estate planning Illinois red light cameras Illinois bicycle safety elder law fiduciary rule delay Illinois trusts attorney medical marijuana Palatine civil litigation lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers rumble strips right to work Federal Food Drug and Cosmetic Act defective products senior citizens Palatine workers compensation lawyer Illinois jet ski accident lawyer Illinois DUI attorney bike accident Illinois pet lawyer Kenilworth estate planning lawyer real estate overtime pay Arlington Heights car accident lawyer small business Fourth of July car crashes trench injuries preventable medical errors Crystal Lake insurance lawyer Arlington Heights trucking lawyer Arlington Heights TBI attorney deadly crashes Crystal Lake will lawyer Chicago estate planning lawyer Schaumburg traffic lawyer pedestrian injuries, pedestrian fatality bad faith insurance claims auto accidents Chicago attorney Schaumburg elder law lawyer FMLA disability benefits foreclosure employment attorney Palatine insurance lawyer anesthesia errors Palatine corporate attorney Illinois job attorney Retaliatory Discharge DMV Inverness injury lawyer owner responsibility life insurance lawyer construction accidents Illinois registered agent real estate zoning Inverness personal injury attorney commercial leasing insurance claim denials Joliet general practice lawyers food poisoning field sobriety test social media after death Palatine business attorney Des Plaines drug lawyer license reinstatement jet ski accidents Illinois employment law Arlington Heights employment attorney traffic offenses Illinois medical malpractice claim Palatine corporate law attorneys Barrington Traffic Lawyer federal regulations for LLCs Inverness accident lawyer texting while driving real estate contract Inverness corporate attorney pedestrian accident Illinois insurance dispute lawyers guardianship attorney power of attorney for healthcare Illinois employee rights attorney. Illinois traffic accident lawyer Illinois insurance lawyer Des Plaines insurance attorney Arlington Heights insurance attorney clemency Attorney Ken Apicella employment law, Illinois employment laws fatal car accidents Home Remodeling Repair Act Palatine traffic accidents living wills Crystal Lake traffic lawyer School Visitation Rights Act LLCs employment lawyer Des Plaines personal injury attorney Schaumburg Attorney Barrington estate planning attorney Palatine injury attorney South Barrington real estate attorney capital gains tax Arlington Heights Attorney Inverness estate planning lawyer rest breaks pregnant women insurance dispute attorney Arlington Heights personal injury lawyer Crystal Lake employment law attorney Rolling Meadows drug defense attorney Illinois speeding lawyer elder abuse traffic tickets speeding probate claims process Rolling Meadows personal injury lawyer Mount Prospect wills and trusts lawyers Palatine law firm IRELA car accident lawyers estate attorney personal injury claim federal crimes Barrington medical malpractice lawyers Palatine criminal defense lawyer Crystal Lake criminal defense attorney insurance adjusters rollover accidents revenge porn Chicago estate planning Des Plaines real estate attorney Illinois injury lawyer insurance denial appeals wage theft Barrington employment law attorney comp time Deer Park employment law attorney Arlington Heights car crash attorneys Chicago traffic lawyer gift taxes Des Plaines real estate lawyer pedestrian accidents workers compensation Deer Park traffic lawyer Detainer Actions Barrington drug crime attorney Illinois probate lawyer icy parking lots meal breaks Illinois traffic attorney pet bites Des Plaines injury law firm insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Mt Prospect Attorney Crystal Lake tax lawyer Schaumburg employment law attorneys Palatine traffic lawyer BAIID Deer Park medical malpractice attorney Chicago lawyer special needs trust Thanksgiving Illinois civil litigation lawyer traumatic brain injuries rollover car crashes personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois defective products attorney criminal law boating accidents Rolling Meadows car accident lawyers Rolling Meadows tax attorney Schaumburg estate attorney employment law construction contracts Rolling Meadows insurance attorney Home Sale Contingencies POA wills Illinois Sales Representative Act Palatine employment law lawyer Crystal Lake medical malpractice law firm ken apicella privacy laws Illinois estate planning Whistleblower Claims personal injury accidents Illinois traffic ticket lawyer eluding a police officer Inverness traffic law firm employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois collections attorney pay when paid contract paid sick leave PTSD Buffalo Grove personal injury attorney Schaumburg medical malpractice lawyer Crystal Lake personal injury lawyer Crystal Lake pet attorney Barrington employment attorney distracted driving accident victims pedestrian-automobile accident Inverness real estate lawyer Des Plaines tax law firm blended families Des Plaines accident attorney Chicago trucking accident attorney drug crime Crystal Lake medical malpractice attorneys Kenilworth estate planning attorney Buffalo Grove traffic attorney medical malpractice residential real estate Illinois Wage Payment and Collection Act insurance claims Buffalo Grove probate lawyer Rolling Meadows litigation lawyer unauthorized overtime real estate leasing drug possession DUI defense corporate law Arlington Heights criminal lawyer Des Plaines motorcycle accident attorney Employment Discrimination Law condo association Palatine construction attorney Illinois real estate lawyer motorcycle accident lawyer jet ski loopholes Buffalo Grove traffic lawyers suspended license Arlington Heights personal injury attorney Schaumburg construction accident lawyer medication errors Schaumburg insurance lawyers trucking accident lawyers Illinois employment lawyer premises liability institutional trustee Rolling Meadows employment law attorney TBI denial of life insurance personal injury Des Plaines employees estate planning lawyer Inverness probate lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Schaumburg corporate attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace attorney fees Deer Park motorcycle accident lawyer estate planning for college students first degree murder contracts Rolling Meadows corporate lawyer real estate closing Illinois construction accident attorney probate lawyer breach of contract Rolling Meadows employment law attorneys mass shooting Rolling Meadows personal injury lawyers irrevocable trust Deer Park accident attorney insurance negligence mortgage Inverness DUI lawyer Mount Prospect real estate lawyer caregiver Deer Park personal injury lawyer car collision Long Grove estate planning attorneys car accident real estate attorneys Crystal Lake employment lawyer Transfer on Death Instrument Barrington attorney Illinois boating accident lawyer Des Plaines personal injury lawyers home inspection lawyer employee misclassification commercial leases vacation home fines license suspension surgical mistakes wrongful death digital assets estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois Transfer on Death Instrument Illinois business lawyer Rolling Meadows criminal lawyer Colin H. Gilbert bicycle dooring accidents Illinois will lawyer living trust vs will Mount Prospect elder law attorney Palatine personal injury lawyer personal injury claims civil litigation attorney Arlington Heights pedestrian accidents Schaumburg wrongful death attorney probate Long Grove estate planning attorney head on collisions insurance dispute workers comp Rolling Meadows employment attorney Arlington Heights tax lawyer Illinois personal injury lawyers Barrington personal injury attorney Legal Info whistleblower protections Fair Labor Standards Act trauma after an accident Illinois employment attorneys Arlington Heights injury attorney back injuries Deer Park DUI lawyer agent Buffalo Grove real estate attorney Illinois workers compensation lawyer Illinois wills and trusts Rolling Meadows probate lawyer estate planning Palatine drug lawyer Palatine estate planning lawyer Buffalo Grove medical malpractice lawyers Illinois employment law attorney minimum wage BUI hands free device Palatine probate lawyer IRA benefits Illinois workplace lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation civil litigation Illinois insurance disputes uninsured motorist Crystal Lake car accident lawyer medical malpractice claims Rolling Meadows marijuana attorney cell phone tower data liability Deer Park traffic accident attorney privacy life insurance claims traffic laws new real estate form Des Plaines drug crimes lawyer Illinois insurance attorney civil rights violation Illinois driving without license digital evidence criminal Schaumburg injury lawyer Crystal Lake civil litigation lawyer Long Grove real estate lawyer Illinois employment law attorneys Chicago insurance claim attorneys pain and suffering natural gas explosion underage DUI living trust Des Plaines Traffic Lawyer hit and run accident Barrington employment law firm subcontractor Kenilworth estate planning attorneys personal injury law firm Rolling Meadows business lawyer dynasty trusts Illinois personal injury attorney life insurance policy Self-Directed IRA Accounts overtime violations advance healthcare directive compensatory time Illinois car accident attorney Schaumburg employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, natural gas Barrington criminal lawyer wrongful termination DUI attorney boating DUI spinal cord injury Buffalo Grove law firm Crystal Lake accident attorney car crash Illinois motorcycle accident lawyer installment contracts power of attorney Arlington Heights employment law attorneys Illinois Probate Act of 1975 Crystal Lake medical malpractice lawyer business litigation Riverwoods estate planning lawyer trusts Food and Drug Administration's Food Safety Modernization Act Barrington personal injury lawyer Deer Park criminal attorney Long Grove wills and trusts attorneys Illinois LLC creation golf accidents Buffalo Grove insurance claim dispute lawyers Des Plaines civil attorney Illinois estate planning attorney Arlington Heights accident attorney Rolling Meadows insurance dispute lawyers, insurance dispute preventing accidents traffic violations defense Schaumburg criminal law attorney Illinois small business Palatine real estate lawyer estate planning attorney Affordable Care Act Arlington Heights wills and trusts lawyers car crash injuries digital information DNR sexual images Schaumburg real estate lawyer Palatine elder law attorney trustee Rolling Meadows medical malpractice lawyers landlord real estate lawyer Crystal Lake traffic attorney Crystal Lake injury attorney criminal record denied insurance claims accidental death benefits Deer Park workers compensation lawyer Crystal Lake business law attorneys fiduciary rule slip and fall accidents dram shop law child safety Illinois living will Illinois traffic laws Schaumburg personal injury attorney comparative negligence distracted driving accidents estate plan life insurance liability claims Arlington Heights estate planning attorney insurance agent negligence CAM estate tax Illinois insurance claim dispute lawyers liens Arlington Heights traffic attorney problem employees Rolling Meadows personal injury attorney tax attorney severance agreements traumatic brain injury startup company Chicago will attorney Inverness civil lawyer dog bites insurance agents ACA Illinois medical malpractice case insurance claim dispute attorney Deer Park real estate law firm Illinois business law atorneys probate fees Buffalo Grove car accident lawyer drug crimes lawyer medical research Rolling Meadows Attorney expungement Arlington Heights wills and trusts attorney Barrington boating accident attorney changes to mortgage law Illinois criminal defense attorney condo brain injury real estate attorney Buffalo Grove criminal defense lawyer Inverness real estate attorney Des Plaines claims law firm Schaumburg estate planning attorney independent contractor Illinois real estate Illinois traffic attorneys Do Not Resuscitate Illinois traffic crimes Illinois personal injury Palatine trusts lawyer probate process Illinois workplace discrimination attorney employee discrimination Illinois personal injury lawyer traffic violations Arlington Heights Traffic Lawyer Des Plaines medical malpractice attorney Illinois wrongful termination lawyer Illinois workers compensation attorney Colin Gilbert insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Palatine Attorney dealing with problem employees license Buffalo Grove injury lawyer traffic accidents healthcare slip and fall Schaumburg car accident attorney insurance claim Crystal Lake pedestrian accident lawyer job lawyers Arlington Heights wills and trusts attorneys Illinois Human Rights Act Exclusions FSLA Crystal lake insurance dispute attorney employee rights Barrington litigation attorney caretaker rights Schaumburg criminal attorney sexual harassment loss of consortium Schaumburg probate attorney Buffalo Grove personal injury lawyer underfunded trust filing a medical malpractice claim Barrington civil litigation attorney Illinois medical malpractice attorney Liquor Control Act Chicago biking tips Rolling Meadows in terrorem provision Palatine employment lawyer Des Plaines criminal attorney DGAA Des Plaines pet law attorney financial advisors Policy Cancellation workplace sexual harassment Rolling Meadows estate planning attorney Illinois insurance claim dispute lawyer Arlington Heights medical malpractice lawyer Palatine civil attorney Illinois attorney Inverness elder law lawyer criminal defense ObamaCare Illinois corporate lawyer reckless homicide unfunded trust hiring employees Chicago employment attorney murder defense living trust benefits Schaumburg employment attorney drunk driving statistics Rolling Meadows insurance dispute lawyers Illinois medical malpractice lawyers Des Plaines collections attorney Illinois Workers’ Compensation Commission Barrington workers compensation attorney Schaumburg estate planning lawyer Crystal Lake estate planning lawyer bicycle accidents Illinois mortgages work unions Crystal Lake employment attorney BAC Crystal Lake personal injury attorney insurance attorney college kids workers compensation benefits Barrington business law firm creditors Illinois tax attorney Schaumburg personal injury lawyer rent to own real estate contracts Palatine punch death motorcycle accident Rolling Meadows real estate attorney cell phone Arlington Heights lawyer drunk driving