UnderCover Waitress: Keep Comp Time Illegal

Tuesday, May 14, 2013

Keep Comp Time Illegal

How many restaurant employees in non-serving positions have been asked to take "comp time" instead of overtime pay? As I have smelled the underbelly of the restaurant industry, I expected the rush of air when so many of you raised your hands.

Comp time is against federal law, and has been since 1938 when the Fair Labor Standards Act (FLSA) was passed. The FLSA guarantees hourly workers time-and-a-half pay for any and all hours worked over 40 in a week.

I've known shady restaurant owners asking hourly employees to take comp time instead of the overtime pay they have a right to. And too many employees say, "Yes" because they don't want to  anger the penny-pinching, law-breaking employer and wind up jobless. Comp time is against federal law. 

PayScale reports that Eric Cantor and the Republican led House of Representatives is trying to change all that. Forget them! The conservatives are calling it "The Working Families Flexibility Act." Give me a break! It should be named "The Tightwad Employers Get More Hours and Save Money Act." In the end, all this Act would accomplish is parents (and other workers) spending more time working and less time with their children, and all for less money.

Think about it: No worker who can do math would choose comp time over overtime pay. Plus, the Act include no provisions protecting employees; for example, there is no clause stating when the employees must be allowed to take the comp time. An employer could cause you to rake in the comp hours, and wait until it is convenient for the employer, not the employee, to take the time. If the employee ever gets to take it.

This is a terrible deal for workers. Worker rights continue to be chipped away at with "right to work" states and now this? Shame on the Republicans. Shame.

Fortunately, PayScale blogger Beth Taylor also points out that President Barak Obama has promised to veto this deleterious Act. Thank goodness!


  1. The sneering idiot who leads the provincial opposition here in Ontario is trying to take a page out of the right to work movement in the States and have similar legislation passed if he happens to get elected next time out. All part of his neo-con destroy-the-unions-at-all-costs mindset.

  2. Your sneering idiot is definitely in the wrong country. He should come down here and enjoy a following of diagnosable retards who dangle tea bags from their hats.


Please share your thoughts.