QUESTION

my husband is on a set salary which he took a pay cut from hourly to salary and is accumalated compt time can those hours be paid

Asked on Jul 07th, 2014 on Labor and Employment - Texas
More details to this question:
he went from hourly make over 40 thousand a year to make about 32 a year on a salary pay and is accumulating comp time but it is vey hard for him to take the time cause they don't have any one to cover for him can that time be paid toward him.
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Not sure how this is going to appear on your end.  I tried to send a second part to my response but the system wouldn't let me. Anyway, some employers try to scam the system.  They do this a couple of different ways, one of which involves Comp. Time, where the employer gives an employee time off in either the same amount or 1.5 times the amount of the overtime incurred.  This is illegal unless the employer is a government agency.  By the way there is nothing wrong with Comp. Time if your husband is truly an exempt employee.  In that case, the employer doesn't really owe him the comp time, unless its part of a contract, and the employer can set the rules on when he gets to use it.  In that case there is no requirement (again, unless it is in a contract) that the employer pay the comp. time in lieu of letting him use it. My greater concern is that the employer is gaming the system with your husband in another way, ie it is calling him a salaried/exempt employee when he really isn't and thus the employer is avoiding its obligation to pay overtime.  There are serious penalties for this.  This situation appears all the more likely in that there was no change in his duties between the time he was hourly and when he became salaried.  If you think this is a concern, you can make a complaint to the US Department of Labor - wage and hour division or you can locate a private attorney who is experienced in labor and employment law to explain your remedies further.  
Answered on Jul 08th, 2014 at 5:55 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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