The Fair Labor Standards Act protects virtually all non-exempt employees - even those who work for the State and Local government.
That means if you work for the city as government employee, then you are eligible for overtime pay at one and a half times your normal hourly rate for the hours you work over 40. There are, however, options available to some government employees, depending on the department, that would affect the way that overtime is paid.
Some local governments opt to use what is called "compensatory time", also called
"comp time", where in lieu of cash payments for overtime, the employee is given paid time off at the rate of one and a half hours for every hour of overtime he or she works.
Those in the fields of law enforcement, emergency personnel, and fire protection employees, along with those employees who engage in seasonal activities, are allowed to accumulate up to 480 hours of comp time. All other state and local government workers may accrue up to 240 hours.
The FLSA also outlines that an employee may only use their compensatory time on requested dates as long as taking the time off would not "unduly disrupt" the operations of that agency.
Category: Other Workers We Help
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