Jacksonville, FL asked in Employment Law for Florida

Q: If I am unable to use my comp time because my job is too demanding to take off that much, can employer forfeit my time?

I am an exempt employee (manager) and my comp bank is almost always full. Due to the nature of my work (events) I am unable to take enough time off to keep my comp bank down. My employer notified me that because I was unable to use it, I have forfeited over 100 hours. Since I can’t take that much time due to the work, is that allowed or what am I owed now?

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2 Lawyer Answers
Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You are exempt employees, which means you are not eligible for overtime pay. Accordingly, any comp time offered for hours worked in excess of 40 per week falls at the sole discretion of the employer.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: You must certainly know that you are an exempt employee, being paid a salary to get your job done; right?

And if you have ever worked as an exempt employee before, then you also know that you are not ever going to be paid for any "overtime" hours you work--because exempt employees do not get paid for any "overtime." Period.

Accordingly, as a matter of fairness. many employers who have exempt employees offer "compensatory time off" and still pay them the regular salary while they are taking "comp. time off."

However, there is no Florida law that requires Florida employers to "offer comp. time off" nor do anything else for exempt employees because they are paid a salary (and better benefits) for doing their job.

If you want time off from work either surrender your supervisory job or go look for a wage position.

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