You ARE entitled to overtime pay if you are paid by the hour and work more than 40 hours in a workweek -- but that may change if a Republican-passed bill in the U.S. House of Representatives becomes law, which it should not!
This month, the House of Representatives passed a bill that would allow your employer to give your comp time off instead of overtime pay. The business community, with slick marketing, is already trumpeting this bill as a “win/win” for both employers and workers. However, that is simply not the case, because comp time:
Furthermore, under the bill, workers who accrue comp time would not be guaranteed the opportunity to use it when they need it. An employer can easily say “no” to a request by an employee to use his or her earned comp time.
Also, while the bill says that employers would be prohibited from coercing, intimidating or threatening workers for the purpose of interfering with their right to request or decline to request comp time, but the only remedy provided – the right to sue in court – would be too costly, protracted and risky for a typical employee to pursue. Employees would have no remedy for denied comp time requests other than asking to have the value of the time cashed out. Even then, employers would have 30 days to cash out the value of the wages earned through overtime work, despite workers’ more immediate needs. Workers whose employers go out of business or bankrupt would have no recourse to recover the value of banked time.
Hopefully, the U.S. Senate will not consider this terrible piece of legislation.
Lebau & Neuworth will be closely following the bill’s progress and do our part in fighting against it – because we fight for you! If you have questions or need more information on overtime laws, please contact Lebau & Neuworth at 888-456-2529 or lebauneuworth.com/contact-us.