Don't play with fire by granting comp time request

Q     A nonexempt employee sent us an e-mail requesting time off in lieu of pay for overtime hours he already worked. Are we allowed to grant his request?

A     Unfortunately, you cannot honor the employee's request without risking a claim for unpaid wages. The wage and hour laws are strict, and are designed to make sure employers don't take advantage of employees. For example, a nonexempt employee who voluntarily works overtime after being told not to may still be entitled to overtime if the employer knew he was working overtime. Likewise, an employer cannot defend an overtime case by arguing that the employee agreed to accept compensatory time. Play this one strictly by the books, and tell the employee that time off in lieu of overtime pay won't fly.

Jonathan C. Sterling is an attorney with Carlton Fields in Hartford, Connecticut. You can reach him at jsterling@carltonfields.com.