Deputy sheriffs whose overtime pay piled up over time without compensation had petition filed against their employer Harris county and sheriff but it could not pay them as it lacked resources, as a result the county looked for new ways of reducing compensation time which included consulting Department of Labor’s Wages on scheduling nonexempt employees to use and reduce compensation timing, setting the maximum length of time for overtime (Bennett, 2008).
Rules regarding compensation of time include; a worker whose compensatory time has accumulated and would like to use his compensatory time, is allowed by employer to use the time within sensible length of time after requesting as long as use of the time will not interfere with operations of the community firm (Bauer & Zimmerman, 1999). Secondly, setting up means whereby compensatory time may be utilized and establishing means to assure that worker will be compensated at the proper time for doing overtime work. Thirdly, an employee will use his compensatory time unless it will disrupt employer’s operation thus ensuring that employees can timely utilize compensatory time that Secretary of Labor identified in her own regulations governing (Pannenberg, 2005) . Fourthly, compensatory time is not used as a way to evade overtime compensation and employees should not be threatened by the employer to work overtime if an employer can give within a sensible of requesting to use the time (Chan & Ziu, 2010). Finally, there is a restriction on employer efforts to deny workers who would like to use their compensatory time when they ask for it.
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The rules comply with Fair Labor Standards Act (FSLA), however, there is no provision restricting an employer to demand a worker to use over time. FSLA does not provide such prohibition
References
Bauer, T., & Zimmermann, K. F. (1999). Overtime work and overtime compensation in Germany. Scottish Journal of Political Economy , 46 (4), 419-436.
Bennett, L. T. (2008). Fire service law. Upper Saddle River, NJ: Prentice Hall.
Chan, A., & Siu, K. (2010). Analyzing exploitation: The mechanisms underpinning low wages and excessive overtime in Chinese export factories. Critical Asian Studies , 42 (2), 167-190.
Pannenberg, M. (2005). Long ‐ term effects of unpaid overtime. Scottish Journal of Political Economy , 52 (2), 177-193.
