Those in the private sector should not be offered comp time in exchange for overtime pay. This is not legal under Illinois law, even though it is legal in some other states.
This rule applies to the private sector. Those working in the public sector, such as those in government jobs, may still be offered comp time or may have provisions in an employment contract that specify how they will be compensated. But for the average employee working in the private sector, who is likely an at-will employee, comp time should not be offered in lieu of pay.
What is comp time?
If you have never been offered comp time before but you want to know what to look out for, it is, effectively, additional time off. For example, say that you end Friday by working two hours of overtime. You deserve time and a half for those extra hours, but your boss tells you just to come in two hours late on Monday. They say that will even everything out so that you will be properly paid.
The first problem with this is that it is prohibited under Illinois law, and your boss needs to pay you time and a half for overtime. The second issue is that giving you two hours off still underpays you because it is paying you at your standard rate. Two hours of overtime paid at time and a half would be equal to three hours off.
Wage and hour issues
Problems with overtime pay do sometimes happen, perhaps because an employer was unaware of how the law works and offered an employee comp time when doing so is not allowed. If you find yourself involved in a wage dispute, be sure you know what legal options you have available to you. Seeking personalized legal guidance is generally a great option in this regard.
