Legal Question in Employment Law in Minnesota

Comp Time

What are the legal restrictions for giving time off as ''comp time'' or ''Flex time

for employees that are salary employees and work long hours.


Asked on 2/06/01, 9:00 pm

1 Answer from Attorneys

Bill Egan William J. Egan, PLC

Re: Comp Time

If the employees are exempt employees, there are no legal restrictions because the salaried employess are paid the same regardless of the numvber of hours worked.

If they are non-exempt, comp time is only allowable to the extent that it is granted within a single workweek. Any hours actually worked in excess of 40 hours per week must be paid at time and a half. It may not be carried from one week to the next, even if the employee requests such an arrangement. To do so would violate the Fair Labor Standards Act.

The issue of whether an employee is exempt or non-exempt can be complicated, and you should contact an attorney on the issue or the Department of Labor.

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Answered on 3/20/01, 5:11 pm


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