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My supervisor expects all employees, even those non-exempt, to track their extra working hours and take "comp time" instead of reporting the overtime. While this seems reasonable for exempt employees, it is illegal for non-exempt employees.

Since discovering that this unofficial policy is illegal, I'm interested in discussing the matter with my supervisor. I'm concerned that the reputation of the institution I work for is at risk if I continue incorrectly reporting my hours and this practice is exposed, but I'm also worried that bringing it up will jeopardize my employment.

I am not the only employee in this situation, and others have expressed that they don't want to discuss the issue with HR without speaking to our supervisor first.

My primary goal is to stop behaving illegally by either a) convincing my supervisor to make me an exempt employee (eliminating my need to report my exact working hours), or b) getting permission to report my overtime and earn monetary compensation for it.

Is it reasonable to expect that broaching this topic with my supervisor will result in my goal being met?

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    "convincing my supervisor to make me an exempt employee" - I'm not certain, but it's my impression that your supervisor does not legally have the power to do that. The FLSA designates certain jobs as exempt, and either your job is exempt or it's not. OTOH, if your supervisor is blatantly violating labor laws as you describe, they may not care.
    – Kevin
    Sep 22, 2016 at 5:55
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    He knows at least that what he's doing is not what should be done following HR policies and probably is aware that it's not legal. already. Others wants to talk to your supervisor before RH, what does that mean ? Do they want you to go alone for them to your supervisor and so take the blame if so, or do they want to talk about it in group ?
    – Walfrat
    Sep 22, 2016 at 6:29
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    Is your supervisor aware that he's breaking the law or could this simply be a case of him being ignorant of what's required of hourly non-exempt employees? /// "Is it reasonable to expect that broaching this topic with my supervisor will result in my goal being met?" This part of your question probably isn't something we can answer.
    – Lilienthal ♦
    Sep 22, 2016 at 6:31
  • If you aren't being rewarded for it, why are you working overtime at all?
    – keshlam
    Sep 22, 2016 at 14:26
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    Are you getting those comp hours or not? If you work +2 hours Monday and -2 hour Tuesday, that may very likely not even be overtime.
    – kat0r
    Sep 22, 2016 at 15:06

1 Answer 1

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I'm also worried that bringing it up will jeopardize my employment.

You should be.

Certainly your employer already knows the legality of the situation.

And if your employer knows they are openly violating the law, then they would likely have no qualms about getting rid of you - either by making your life miserable so that you would quit, or by conjuring up a reason to fire you.

If you really want to pursue this, then get your ducks in a row first. Contact your local Department of Labor or an employment attorney. Explain the situation to them and make sure your interpretation of the law is correct for your specific case. Each state's laws can be different, and there are always exceptions to every law. Make sure your finances are in order. Perhaps even start looking for your next job. Then approach your employer and see where it leads.

Is it reasonable to expect that broaching this topic with my supervisor will result in my goal being met?

It's possible. But I wouldn't bet on it.

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