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The company I work for seems to think it’s legal to adjust our hours the next day at straight time not 1.5 times schedule instead of overtime. I am of the belief that this practice is illegal.

Asked on March 15, 2016 under Employment Labor Law, Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under federal law, an employer is required to pay non-exempt employees (typically hourly workers) 1 1/2 times their regular rate of pay for hours worked over 40 in a single work week. It cannot pay compensatory or "comp" time in lieu of overtime pay. As a general rule, to do so is illegal for private employers (however state/local governments can offer such time under certain conditions). At this point, you can file a compalint with your state's department of labor and /or consult a local employment law attorney for further advice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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