Generally, private sector employers
are not allowed to give
comp time off, instead
of paying overtime. However, as per the Fair Labor Standards
Act (FLSA), only employees of government or state agencies
can receive comp time in place of
overtime wages.
Comp time must be given at the rate of one-and-a-half
times the overtime hours worked, and it must be taken
during the same pay period that the overtime hours were
worked.
For example: If the government employee worked 12
hours overtime, he/she has to be given 18 hours of
comp time. After 160 hours of overtime—which
amounts to 240 hours of comp time—the employee
must be paid additional overtime in cash. For emergency
and safety personnel, the limit is 320 hours of overtime,
which amounts to 480 hours of comp time.