comp time allowed in Michigan YES!

[justalayman]

What is the name of your state (only U.S. law)? Michigan

I just happened to be cruising through some laws and while apparently it is illegal in almost every state. Michigan labor law does allow comp time to be paid in lieu of overtime in a few circumstances.

One of those circumstances that forbids comp time would be if the employer is covered under federal minimum wage law. Obviously, that does cover a great deal of the employees within the state of Michigan.

In reality, I do not see it as a commonly used law since it does require 10 days paid vacation time in addition to the comp time use but...

So, here is a pdf from Michigan on Michigan's comp time law.


[url]http://www.michigan.gov/documents/cis/MW_infosheet_CompTimeGuide_09_25_06_174046_7.pdf[/url]

just figured those that deal with this all the time would like to be aware of this.

[cbg]

Since virtually all employers are covered under Federal min wage laws, though, it's not an issue that's likely to come up a whole lot.

[Heinz 57]

Even California, which is regarded by many as one of the most employee-friendly states, has provisions in their labor code for comp time, though there is much restriction on which employees may get comp time. Even the limited number of employees that may be allowed to receive comp time in lieu of overtime by state law, usually cannot by federal law. To make things even more confusing, there are disagreements in the legal community about whether or not a private employer may implement a comp time program or not. The labor commissioner says "no, only public employers may use comp time", while others say "Nothing in the CA labor code indicates that comp time is limited to the public sector".

[justalayman]

Originally Posted by cbg

Since virtually all employers are covered under Federal min wage laws, though, it's not an issue that's likely to come up a whole lot.

While close, I disagree. Just using the qualifications listed in the pdf I linked, fed minimum wage law is listed as requiring the following to be covered under the law.

􀂃 a business with gross annual revenues exceeding $500,000 per year
􀂃 a hospital or health care facility
􀂃 a pre-school, elementary or secondary school or a college
􀂃 an agricultural employer that employs 500 man days@ of agricultural labor
􀂃 federal, state and local governments

that means small business with gross revenues of less than $9700/week are not covered under federal law (as well as the others but just addressing this one point). While that is a severe restriction, realizing that Michigan minimum wage law requires only 2 employees to be covered under their minimum wage law (and a couple other restrictions), that could easily cover a lot of small businesses.

[Heinz 57]

FLSA applies if the employer, or individual employees, engage in interstate commerce. Interstate commerce has been interpreted as broadly as to include business that are simply situated near an interstate. For all practical purposes, every employer today should consider themselves to be covered by the FLSA; Those that choose not to, do so at their own peril.

[justalayman]

fine. just forget I even started the thread. I can assure you, there are some employers that are covered under this rule. I simply wanted to toss this out because as posters come here and ask about it, the common response is "no, it is not legal, in any state". While I admit it appears it would be quite limited, the fact remains, it is legal in Michigan under certain situations.

So, if a person comes here and asks about comp time, especially after they may have been correctly advised for their situation it is legal , simply telling them that "NO, IT IS NOT LEGAL" could be confusing to them, resulting in them simply not believing the rest of the advice given.

The advice given here is most often correct, and quite complete, especially from the HR folks (cbg, eeralations, patty, and a few others). I would simply hate for a poster to have doubts because of this.

but, if it bothers anybody; just forget I posted this. I did not intend on starting a big running thread about comp time.