The resulting average must be at least the minimum wage. Commissions and piece rates. Your total pay divided by the number of hours you worked must average at least the minimum hourly wage rate. Return to the top Q I put in more than forty hours on the job each week, without overtime pay. What comes as a shock to many is that the practice is illegal in most situations.
Some states do allow private employers to give employees comp time instead of cash.
But there are complex, often conflicting laws controlling how and when it may be given. A common control, for example, is that employees must voluntarily request in writing that comp time be given instead of overtime pay-before the extra hours are worked. Check with your state's labor department for special laws on comp time in your area. Many employers and employees routinely violate the rules governing the use of compensatory time in place of cash overtime wages. However, such violations are risky.