Exempt Employee and Compensation Time

[barfbag388]

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

Quick question....at my employer, several of us are salaried, full-time, exempt employees. In lieu of overtime, we earn comp time. Due to a recent acquisition, layoffs of some salaried employees are looming.

What happens to any 'banked' comp time an exempt employee has? Is it forfeited? Is it up to the employer to decide whether or not to pay it at the time of separation? We can't seem to get an answer regarding this.

Can someone shed some light?

Thanks in advance.

 

[eerelations]

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

Quick question....at my employer, several of us are salaried, full-time, exempt employees. In lieu of overtime, we earn comp time. Due to a recent acquisition, layoffs of some salaried employees are looming.

What happens to any 'banked' comp time an exempt employee has? Is it forfeited? Is it up to the employer to decide whether or not to pay it at the time of separation? We can't seem to get an answer regarding this.

Can someone shed some light?

Thanks in advance.

Given that employers aren't legally required to give comp time to exempt employees, what happens to your banked comp time is entirely up to the new employer. Your new employer may have decided not to give it to you (which is perfectly legal), or it may not have made up its mind about it yet. You will find out about it eventually. But whatever happens to your banked comp time, it will be legal.

 

[FlyingRon]

Under Federal law, I'd buy that, but in California such earned time off is money earned as far as that state is concerned.

 

[cbg]

Even in California, I think it's questionable that comp time is payable by law. It's certainly worth making the argument, but I don't think it's a slam dunk by any means.

 

[HRZ]

IT may be murky. And before I get blasted for being out of date as to CA vesting law issues ...I suggest you dig for current case law ...Vacation vests...but I'm unclear if Comp time is Vacation time UNLESS employer treaties it as such .....


Also, you didn't ask, but in your shoes I'd double check if I was exempt under CA law...CA has its own sometimes more employee friendly laws.

BTW how was comp time computed . At 1 1/2 daily over 8 hours or what ?

 

[CTU]

IT may be murky. And before I get blasted for being out of date as to CA vesting law issues ...I suggest you dig for current case law ...Vacation vests...but I'm unclear if Comp time is Vacation time UNLESS employer treaties it as such .....


Also, you didn't ask, but in your shoes I'd double check if I was exempt under CA law...CA has its own sometimes more employee friendly laws.

BTW how was comp time computed . At 1 1/2 daily over 8 hours or what ?

I can't imagine why anyone would feel it necessary to "blast" (read: correct) you on such a regular basis.

 

[cbg]

In this case I don't have any problems with his answers.

Surprised? Yeah, me too. Generally the best I'm willing to give him is a roll-eye.