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Comp Time Not Given Time Off--Request to be Paid Denied

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I have worked for a not for profit (private school) as an hourly employee (secretary).  Over the last 24 months I have accumulated over 300 comp. hours-(comp. time recorded each pay-period on time sheet).  No lunch break, 1 hour lunch is paid per company policy, straight 8 to 14 hour days.  Other secretaries (also hourly) in another division work 7 get paid for 8, recently they started being paid for anytime over 80. In the beginning of my employment my Supervisor said I would be able to take time off with pay, this has not happened.  I have requested time-off with pay due to an illness and am using sick-time and vacation time.  My question is; Did I work for free and will never see the comp. time paid? Checked with an employment law firm but got the run-around, not a big enough case for their time.  

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If you're a non-exempt employee, then you need to be paid for every hour worked and probably are entitled to overtime pay as appropriate.  When you spoke with your supervisor about this, what response did you get?

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True comp time is not legal in the private sector. However, many employers have policies and practices they refer to as "comp time" which are indeed legal. If you explain how this comp time is earned, used, and paid, we can help you determine how to approach it. There are options which do not require a lawyer or any out of pocket expenses.

 

You requested time off and are using sick and vacation time. Is that not paid?

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Please note for future reference that employer isn't obligated to pay for lunch time (kinda disingenuous for them to say "paid lunch" knowing folks won't typically get or take a lunch break).

 

There are legal ways to do "comp" time in terms of flex time, but they need to be addressed within a work pay period if I recall.  It won't be lawful for an employer to skip paying time and a half for overtime and give you paid time off in trade (e.g., if you work 10 hours of overtime, you get 10 hours of comp time). 

 

"Other secretaries (also hourly) in another division work 7 get paid for 8, recently they started being paid for anytime over 80."

I presume you mean 80 hours in a standard two-week pay period; in other words, started being paid for overtime as they should.

 

"Did I work for free and will never see the comp. time paid?"

You can't expect strangers to give you a definitive answer to this, even if the story were over (and it's not).

"Checked with an employment law firm but got the run-around, not a big enough case for their time."

Is there a particular reason you wouldn't confer with the Ohio labor board instead of talking with some law firm?  You're entitled to pay for all time worked, and time and a half for hours worked in a week over 40.  Navigating this issue, however, will be tricky.  I'd want to get my formal gripe on record with the labor dept (and have stuff in writing as to any internal gripes with employer). 

 

If the employer engages in more stupidity as a result of what it has chosen to do unlawfully, and by that I mean fires you once you complain or it finds out you did, then that will add damages and trouble for itself.  You must be, however, prepared for the worst-case scenario.  It's all well and good to have X recourse but that meanwhile may be cold comfort if you're out of a job and only receiving unemployment benefits.

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Just returned from a meeting with the President and Treasurer and "they" are going to pay me the comp. time, which amounts to 6 weeks.  Cut my full-time position to 15 hours a week.  I will not have health care or pension benefits.

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Naturally, you don't bother to post a question but one presumes you want feedback.  Unless you're going to be doing something new in a class of positions/employees that do not receive health care or pension benefits, since this is fairly clearly in response to you complaining about the supervisor's refusal to approve time off or refusal to pay for the overtime, I'd still take it up with the labor dept. and consult with other attorneys.  This may not be firing, but it's the constructive equivalent of it.  I'd also naturally file a partial unemployment benefits claim.

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Hire an attorney is good advice.  Called one of the largest firms representing employment issue's in Cleveland, didn't want to touch it.  Anyone know of a firm that wants to take on the Cleveland Catholic Dioceses?  

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Hire an attorney is good advice.  Called one of the largest firms representing employment issue's in Cleveland, didn't want to touch it.  Anyone know of a firm that wants to take on the Cleveland Catholic Dioceses?  

 

You may want to try contacting some local attorneys using FindLaw's Lawyer Directory. Many attorneys listed in the Directory even offer free consultations.

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