Non-FLSA Comp Time

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Employers sometimes grant employees compensatory time off under circumstances where it is not required under the FLSA, such as when an employee works on a holiday even though the employee has worked no overtime in the workweek and the employer grants the employee another day off. This is considered “other” compensatory time.  As long as this time is recorded separately from FLSA comp time, this “other” comp time is not subject to the requirements applicable to FLSA comp time such as the 240 (or 480) hour limit, or the requirement that it be earned at one and one-half times the regular rate.[1]

[1]  See 29 C.F.R. § 553.28.