Exempt comp time

We're a public employer; got my policy communicated as directed by reg regs. I'm drafting practice on how to handle hours worked in excess of 40 per week by an exempt employee.
Special events such as NASCAR at Bristol this weekend will require supervisors to work all weekend. Do you allow exempt to accrue "comp" time and take it later? Hour for hour worked over 40? 50? Do you have a limit? or just expect them to work whatever if necessary? Being fair and consistent is the bottom line, but what is fair?


  • 3 Comments sorted by Votes Date Added
  • I think comp time for an exempt would be 'other' or non FLSA comp time and not subject to the 1 and 1/2 provisions, and not subject to any cap (240 or 480) Check out 29 CFR 553.28 and see if that doesn't answer your problem. Since the ee is exempt, it seems to me you need not offer comp time, and you could offer it onlyin excess of 45 or 50 hours if youliked.
  • We're also a public employer and do offer comp time to our exempts. We view it as an accountability issue: 'Why was Joe off last Tuesday? He took comp time or vacation time, etc.' It's hour for hour beyond 40 per week, and we're only allowed to carry over 40 hours to the next year. The City Administrator and I expect exempt employees to lose a substantial number of hours each year (the Administrator tracks it as part of our evaluations); in other words if you're not working a 45 hour week, don't expect to be taking off much comp time. Our department heads probably lose an average of 250 to 300 hours per year.
  • AS Gomer says "thank ye, thank ye,. . .
    All the consultants, advisors, cannot take the place of someone whose been there - done that!

    29CFR553.28 is exactly what I needed.
    Now, we'll draft a practice that is fair and consistent for all exempts.

    Again, many thanks.

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