Don't you think that sort of stickies up the wicket so
to speak? If you arbitrarily give someone a vacation
day, then--in this litigious era--it stands to reason
you need to well document what qualifies a person for
extra vacation time.  If three of us are working, we
all have the same start date, and one gets an
additional day (on the basis of something subjective),
it can cause problems unless you make the criteria for
extra paid time known and make it possible that all
three could earn the same time.

If it's going to be the policy, then the policy should
be made known, well documented, and available.

I'm not a lawyer, I don't play one on tv, but I have
studied some employment law for a while (informally).



--- Julia Moore <[log in to unmask]>
wrote:
> What if the institution just adds a day of vacation
> time to the employees'
> tally as a thank-you gesture?  That would obviate
> the liability issue and
> the illegality of comp time, right?
> 
> Julia Muney Moore
> Public Art Administrator and
> Project Manager, Art Program, New Indianapolis
> Airport 
> Blackburn Architects
> 3388 Founders Rd
> Indianapolis, IN  46268
> 317.875.5500 x230
> FAX 317.875.0544
> [log in to unmask]
> 
> 
> -----Original Message-----
> From: Indigo Nights [mailto:[log in to unmask]] 
> Sent: Wednesday, March 09, 2005 4:53 PM
> To: [log in to unmask]
> Subject: More on the Problems of Compensatory (Comp)
> Time
> 
> This is from FindLaw, one of the best legal
> informational sources for those of us here in the
> states:
> 
> : I put in more than forty hours on the job each
> week,
> without overtime pay. Am I entitled to time off to
> compensate for this? 
> 
> Most workers are familiar with compensatory or comp
> time -- the practice of offering employees time off
> from work in place of cash payments for overtime.
> What
> comes as a shock to many is that the practice is
> illegal in most situations. Under the FLSA, only
> state
> or government agencies may legally allow their
> employees time off in place of wages (29 U.S.C.
> §207(o)).
> 
> Even then, comp time may be awarded only: 
> 
> according to the terms of an agreement arranged by
> union representatives, or 
> if the employer and employee agree to the
> arrangement
> before work begins.
> When compensatory time is allowed, it must be
> awarded
> at the rate of one and one-half times the overtime
> hours worked -- and comp time must be taken during
> the
> same pay period that the overtime hours were worked.
> Some states do allow private employers to give
> employees comp time instead of cash. But there are
> complex, often conflicting laws controlling how and
> when it may be given. A common control, for example,
> is that employees must voluntarily request in
> writing
> that comp time be given instead of overtime pay --
> before the extra hours are worked. Check with your
> state's labor department for special laws on comp
> time
> in your area. 
> 
> Many employers and employees routinely violate the
> rules governing the use of compensatory time in
> place
> of cash overtime wages. However, such violations are
> risky. Employees can find themselves unable to
> collect
> money due to them if a company goes out of business
> or
> they are fired. And employers can end up owing large
> amounts of overtime pay to employees as the result
> of
> a labor department prosecution of compensatory time
> violations
> 
> http://tinyurl.com/4hm4s
> 
> Indigo Nights
> [log in to unmask]
> 
>
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Indigo Nights
[log in to unmask]

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