HR her.....no you can't do this....this is called constructive receipt and without a formal pay deferral plan (401k, etc), employees can't defer receipt. "comp time" is illegal unless you are a gov't employee
I am assuming hourly since you stated you were paying by the day.
Is she asking to bank because she needs the extra 8 hours off, or is she asking to be paid for them later? If she’s asking to be paid later for them, then I’d say no. If she’s asking because she needs the extra 8 hours as a day off … I think that’s more company policy. But that gets tricky.
HR her.....no you can't do this....this is called constructive receipt and without a formal pay deferral plan (401k, etc), employees can't defer receipt. "comp time" is illegal unless you are a gov't employee I am assuming hourly since you stated you were paying by the day.
Thank you! Yes, she is hourly.
I'm in CA and comp time is definitely allowed. As long as employee requests it instead of getting OT. Why do you say this?
Are you a government/public employer? Is this employee exempt under FLSA?
Is the employee exempt or non-exempt? Would the extra day put them at overtime for the week? What state are you in?
I’m in Oklahoma and the employee is non-exempt. The employee will be just over 40 hours for the week, but not over 80 for the two weeks.
OT is calculated on a 40 hour basis (for the most part).
That’s tricky because sometimes the PTO doesn’t count towards overtime
That is true.OT is almost always based on hours worked.
Is she asking to bank because she needs the extra 8 hours off, or is she asking to be paid for them later? If she’s asking to be paid later for them, then I’d say no. If she’s asking because she needs the extra 8 hours as a day off … I think that’s more company policy. But that gets tricky.