“Can we use comp time with our employees?”


It depends. For nonexempt employees of a private employer, no. The Fair Labor Standards Act (FLSA) doesn’t permit private employers to offer compensatory time (“comp time”) in lieu of overtime pay.

You could offer time off to your exempt employees as a reward for working more than their typical work week, which is considered a form of “flex time,” but there are downsides to doing this.

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This Q&A does not constitute legal advice and does not address state or local law.