You are here:

Employment Law/Additional Comp Time for Salary


I recieve a salary. Anytime I do anything outside of my normal job duty that my salary covers, I am paid additional compensatory pay. I am a shift supervisor in ems/fire. I was.deployed to NJ during Superstorm Sandy. This is clearly outside of my normal job duties. My company is saying it doesn't have to pay me for the hours I worked there at my additional compensatory rate. My understanding is they pay me salary for the year...regardless of work time, they set the amount I get payed to be a supervisor. They now are saying that 40 of the hours I worked in NJ don't count as extra compensatory time. Salary is just that...what they agreed to pay me anually. Anything outside of my supervisor duties is suppose to be extra pay.

This is something that your company is doing on it's own. It is not required by law that a salaried exempt employee be compensated for anything beyond the annual wage.

Rights of exempt employees.

An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions). Nothing in the FLSA prohibits an employer from requiring exempt employees to "punch a clock," or work a particular schedule, or "make up" time lost due to absences. Nor does the FLSA limit the amount of work time anemployer may require or expect from any employee, on any
schedule. ("Mandatory overtime" is not restricted by the FLSA.)

Keep in mind that this discussion is limited to rights underthe FLSA. Exempt employees may have rights under other laws or by way of employment policies or contracts.


Employment Law

All Answers

Answers by Expert:

Ask Experts


Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

©2017 All rights reserved.