Can I request or require that a non-exempt employee work over 40 hours in a week and offer “comp time” (unpaid time off taken in a later work week) instead of pay for overtime?
No. Non-exempt staff should be paid for overtime hours worked. Other forms of payment, such as compensatory time off, are not to be used except where legally required (i.e., if work is performed on a holiday).
Depending on your department’s needs, you may need to adjust your salary budgets. Remember that rearranged work schedules may be an option in lieu of overtime, as long as the hours worked do not exceed 40 in a single work week. These types of schedules provide flexibility for both the department and the employee. If an employee’s hours reported exceed 40 in a single work week, the employee must be paid overtime.