What is comp time? Guidelines and FAQs

Compensatory time, or comp time, is a benefit businesses sometimes offer to employees for working overtime. In the United States, it is heavily regulated by the Department of Labor, so it’s vital that team members and employers understand what it is and how it works.

Comp time can promote work-life balance and effectively manage labor costs, but it’s not the right solution for everyone. This article will explain comp time, how it works, and the legal requirements employers must follow.

What is comp time?

Comp time offers paid time off in lieu of overtime pay. If an employee works more than their standard hours per week, the company will credit them with PTO instead of paying them an overtime rate.

Employers should maintain a detailed roster of how many overtime hours a team member works to ensure that they compensate employees fairly.

Is comp time a legal requirement?

Strict compensatory time off guidelines govern who is eligible for this form of compensation. 

Typically, it’s reserved for specific public sector employees—police officers, emergency medical technicians, and firefighters. These jobs often require overtime, and it’s only fair that workers are compensated for it.

However, there are strict criteria governing how employees earn comp time, such as:

• Union negotiation: Employers must arrange an agreement with union reps, if applicable.
• Employee agreement before granting comp time: The team member must agree to the comp time arrangement before working overtime. 
• Time and a half accrual: If a public sector employee works more than 40 hours per week, comp time must be paid at time and a half, just like overtime.
• Maximum accrual limits: The Fair Labor Standards Act (FLSA) states that public sector employees can accrue up to 240 hours of compensatory time yearly. However, workers in public safety, emergency response, and seasonal roles may accumulate up to 480 hours per year.
• The timeframe for using comp time: FLSA nonexempt employees must use their comp time by the end of the 26th pay cycle after the pay period in which it was earned. Specific government employees may be entitled to a payout of unused time.

Does that mean private-sector employees aren’t entitled to comp time? Not necessarily. Employees exempt from the FLSA can earn comp time since they’re not entitled to overtime pay anyway.

Exempt employees include any worker who isn’t legally required to earn additional compensation for working overtime—most often, those earning a salary. Comp time for salaried employees can provide motivation for them to work overtime despite this. Ultimately, the company decides whether to offer comp time for exempt employees.

It’s generally illegal for employers to offer nonexempt employees comp time instead of overtime. The FLSA mandates that nonexempt workers be paid extra for overtime (hours beyond 40 for most full-time workers).

Comp time vs. overtime pay

To understand how comp time works, it helps to distinguish it from overtime pay. Here are a few differences: 

• Compensation structure: Comp time off is given instead of time and a half pay for working extra hours.
• Compensation type: Employees earning hourly wages are typically nonexempt under the FLSA and must be paid overtime for extra hours worked. Conversely, exempt salary workers may earn comp time—if their company offers it.
• Legal requirements and limitations: Comp time is typically reserved for public-sector employees and exempt private-sector team members. The accrual limit is usually 240 hours per year.

How to calculate comp time

Calculating comp time is straightforward, but employers must do so carefully to ensure compliance with employment contracts and labor laws.

First, calculate how many overtime hours your employee worked. Record extra hours in a roster as they’re accumulated to ensure accurate accounting. If the employee worked more than 40 hours in a week, you must give them a time-and-a-half rate. That means giving 15 hours of comp time for 10 hours of overtime.

Which is better: Comp time or overtime pay? 

Some people would rather get time off than earn extra money for the additional hours they put in. Whether comp time or overtime is better depends largely on the employee’s opinion and whether they’re exempt or nonexempt under the FLSA. 

Nonexempt employees don’t have a choice, as overtime law requires they be paid overtime, even if they prefer comp time.

Exempt employees who aren’t entitled to overtime pay will likely be more amenable to comp time. This added benefit may increase motivation by rewarding hard-working employees.

Simplify time-off management with Oyster

Implementing and managing a comp time policy can contribute to a flexible and fair workplace. Employers that ensure compliance with labor laws while giving employees the benefits they deserve are often rewarded with an engaged and loyal workforce. 

With Oyster’s Total Rewards, you can streamline comp time tracking and manage compliant compensation practices for your global workforce.

Frequently asked questions

Can salaried employees receive comp time?

Yes, salaried employees can receive comp time. In fact, hourly employees are often precluded from receiving comp time.

What are the legal penalties for misusing comp time?

The DOL enforces laws regarding comp time, and violations come with harsh penalties. Here are a few examples: 

• Willful violators can face a fine of up to $10,000.
• Employers might need to pay back wages.
• Companies may be required to pay employees’ legal fees.
• Repeat offenders may face jail time. 
• Businesses that discriminate against whistle-blowing employees will receive additional fines.

Is comp time the same as paid time off?

No, comp time is given in lieu of overtime pay, whereas employees receive a standard number of PTO days annually, regardless of hours worked.

Can an employer deny comp time off?

In some circumstances, an employer can deny comp time off. Technically, private companies are not obliged to give comp time, but they must honor the provisions of any employment contracts.

An employer can deny comp time off if taking it would be unduly disruptive. However, a simple inconvenience for the business is not a good enough reason for denial.