Birmingham officers owed overtime pay, not comp time

The Department of Labor recently announced the Macon County Commission will pay 12 sheriff's department employees $104,159 in back wages for unpaid overtime. According to the Wage and Hour Department's investigation, the department was issuing employees compensatory time, or paid time off, instead of overtime pay rates.

Usually, the Fair Labor Standards Act (FLSA) requires employers pay employees one-and-a-half times their regular wage for any time attendance beyond 40 hours in a week. However, there are special considerations for state and local governments.

Employers that are considered public agencies can offer employees up to 240 hours worth of comp time in lieu of overtime pay. Law enforcement, fire protection and emergency response personnel have higher caps for comp time. They can earn as many as 480 hours in place of overtime.

"Workers putting their lives on the line for the public deserve the full protection provided by federal labor laws. While we recognize that the violations committed were not willful, it is incumbent upon local governments to ensure that they comply with the FLSA for all their employees," said Kenneth Stripling, Birmingham district office director of the Wage and Hour Division.

If employers run into problems tracking overtime wages, they might want to consider using a payroll processing service that alerts supervisors when employees have exceeded comp time allowances.