Legal Question in Employment Law in New York

Can an announcement Re: Comp Time be held up as contract?

My boss stated at a meeting last year that it is up to the employees

to track hours worked beyond the 45 required in a workweek. We

were to report them to the business manager -to use as comp time.

It was never discussed how/when we could use them. Last year I

worked over 200 extra hours and tried to use some of that time, but

was thwarted by responsibility to incoming projects. At the end of

the year I tried to make a deal with him that I'd ''cash in'' all of my

hours for 2 weeks off, paid (this was to go with a 2 week vacation,

so it should be noted that it was significant time off). He denied me

and I had to take a leave-of-absence. He then stated at a later

meeting that there will be no more comp time and that if we work a

significant number of hours at a time, we can ask him for time off

(i.e. if you work till 2am, you can ask to come in the afternoon the

next day, or if you worked one day on the weekend, you could take

a day off later that week or the next). Making a request today, I

found he his again not honoring what was discussed.

We are small with 5 salaried employees in an at-will situation. But do his announcements at these meetings regarding company

policy hold up legally?


Asked on 2/07/04, 12:06 am

1 Answer from Attorneys

Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Can an announcement Re: Comp Time be held up as contract?

Your company cannot substitute overtime pay with comp time. Some government agencies may be entitled to do this, but not private-sector employers. You may have an overtime claim. Additionally, the employer is required to keep records not the employee. Although it is a good idea to keep track of your hours. You are welcome to call to discuss your options.

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Answered on 2/09/04, 9:37 am


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