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


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