Question about pay for hours worked.?

they may consider it comp time and it is legal in MN

Minnesota Compensation Time Laws

Compensation time is defined as time off with pay in lieu of overtime pay for irregular or occasional overtime work or, when permitted under agency flexible work schedule programs, time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work. If you are working for a private, non-governmental employer and otherwise eligible for overtime pay, compensation time is generally prohibited in lieu of overtime wages. Overtime laws fall under the Federal Fair Labor Standards Act which says that all non-exempt employees should be paid at a rate of one and a half times their regular rate of pay for all hours worked in excess of forty in a given week.

Minnesota compensation time laws fall under the overtime laws. There is dual regulation by the state of Minnesota and by the federal government. If an employment situation falls within the jurisdiction of both state and federal law, then the employer must comply with the state or federal law that sets the higher standard. If an employee is a non-exempt employee working in the private sector, meaning an employee who is due overtime, the employer may not award compensatory time in place of paying overtime compensation.

Minnesota compensation time laws have provisions that must be met.

You as an employee must knowingly and voluntarily agree to accept compensation time in lieu of overtime pay. Departments have full discretion to limit the amount of compensatory time off that can be accumulated and the length of time a compensatory time off balance can be carried forward, except that maximum limits imposed by statute will be strictly followed. The maximum amount allowed is 160 hours of overtime or 240 hours of accrued compensation time. Upon request of the employee and the approval of the department, compensatory time may be cashed out.

The other 2 posters are correct. Many companies will base full time (FT) and part time (PT) employment on total hours. If FT, then they mush schedule you a minimum number of hours per week. If PT, can be ANY amount of hours per week. But, most companies will use this on a 3 month scale. So if the PT person works excessive amount of hours over the FT, then they usually around the 11th or 12th week, drastically reduce the number of hours so that the AVERAGE of all 12 weeks is less than FT hours.

The reason is that FT may get benefits, whereas PT wont. Looks like they are doing this in her company.

She is owed every hour she works per week. Looks like they are trying to get around their HR or payroll department and just adjust her hours lower when needed.

good luck

Michr is absolutely correct. An employer cannot "hold over" or "bank" the time for an hourly, non-exempt employee and choose when or IF to pay them for those hours worked. Contact your local dept. of labor immediately and let them know your situation. This employer is acting in an illegal manner!

I agree -- they are breaking the law. You should speak to the labor board (dept of labor for your state).

However, be aware that this can have consequences.

I would bet you a nickel they are doing it to maintain the illusion that the employees are part time rather than full time.

lcr000 has posted a quote that is irrelevant unless your wife works for a government agency...

in Minnesota comp time is legal for government employees NOT the private sector.... a few states do allow comp time for the private sector such as Michigan but that is NOT the case with Minnesota...

and comp time is in regard to overtime, it has nothing to do with hours worked that are not overtime.

in any state that does allow comp time it only applies to the private sector when the business is NOT covered by FLSA, FLSA does NOT allow comp time for any non-exempt private sector employees....

to understand who is covered by FLSA and who is NOT see:

http://www.dol.gov/compliance/guide/minwage.htm

generally what you have explained, if i understand you correctly, is illegal....

a non-exempt employee MUST be paid for actual hours worked in the paycheck for the pay-period that the work fell within...

it is not legal to withhold payment for hours worked regardless of policy......

see:

http://www.dli.mn.gov/LS/Pay4Hours.asp

to understand overtime in MN see:

http://www.dli.mn.gov/LS/Overtime.asp