Employers are well aware that they need to pay time-and-a-half when employees work extra time that goes beyond 40 hours in the week. For instance, if an employee makes $30 an hour as their standard wage, they would need to make $45 an hour for each hour of overtime worked.
This can get expensive, and some employers do not want to pay this extra wage, but they still need to have their employees work extra time. In exchange, they may tell the employees to just come in later the next day. You could put in an extra four hours one evening, for instance, and then have your boss tell you to just come in four hours later the next day to even things out.
But is your boss trying to break labor laws just to save some money?
You deserve to be paid more
Your boss may think that this makes a lot of sense and it may sound logical, but it is actually illegal in Pennsylvania and cannot be done. Comp time is not allowed to be used, and workers need to be paid time-and-a-half under the law.
The problem is that giving you four hours off the next day is not actually giving you extra compensation for overtime. It’s just giving you your standard wage, even though you worked more than 40 hours. This infringes on your rights, so Pennsylvania does not allow employers to do this.
What if your boss insists?
If your boss tells you that you have to take the comp time or acts like you’re misrepresenting the law when you tell them they’re not allowed to do this, it infringes on your rights. If that happens, it is very important for you to understand all of your legal options.