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Court Fast-Tracks Suit Challenging Overtime Rule

A federal district court has agreed to fast-track a lawsuit challenging the U.S. Department of Labor’s (DOL) new overtime regulation. It has scheduled oral arguments for November 16, just 2 weeks ahead of the rule’s December 1 effective date.


Ask the Expert: Can We Use ‘Comp Time’ once Overtime Regs Take Effect?

Question: I understand with the new FLSA regulations that “An employer may require an exempt employee to work more than 40 hours in a workweek without having to pay a premium for overtime hours.” Most of our employees are exempt, but currently we give them the option to be paid straight time for hours worked over 40, or they may “comp” the time. Many choose to comp the time (as in banking the extra hours for time to be taken off at a later date). Is this still legal for us to offer the straight time and comp time options beginning in December? We have offices in Alabama, North Carolina, and South Carolina.