Law & Courts

Employers Can End Cash For Comp Time, Court Rules

By Mark Walsh — May 10, 2000 2 min read
  • Save to favorites
  • Print

Public employers may require workers to use their compensatory time instead of stockpiling it for eventual payment in cash, the U.S. Supreme Court ruled last week.

The court’s 6-3 ruling will affect many employees of state and local governments, including wage earners employed by school districts.

Teachers and other professionals are exempt from federal wage and hour rules, but districts “employ lots of people who aren’t certified,” said Julie Underwood, the general counsel of the National School Boards Association.

“There are whole categories of [school] workers who will be affected by this,” such as janitors and cafeteria workers, she added.

The ruling in Christensen v. Harris County (Case No. 98-1167) concerns the Fair Labor Standards Act of 1938, the federal statute that established many basic workplace wage and hour rules, such as requiring private employers to pay time-and-a-half to employees who work overtime.

The FSLA’s requirements did not initially apply to public-sector employers, but Congress has amended it to bring state and local government employment under its purview. The amended law allows state and local governments to compensate for overtime by granting compensatory time—paid time off from work—at a rate of 11/2 hours for each overtime hour worked. It also limits the amount of such time workers can accrue before employers must pay them in cash. And it provides that employees are entitled to receive cash for their accrued time upon the termination of their employment.

The question before the Supreme Court was whether a government agency could force workers to use their accrued time so the agency could minimize the fiscal impact of paying workers with large accruals of such time when they leave their jobs.

The federal Department of Labor told Harris County, Texas, in a 1992 guidance letter that unless there was a labor agreement providing for it, a public employer could not force its workers to use up their compensatory time.

The county began mandatory use of accrued time anyway, and a group of deputy sheriffs sued over the policy. They won in federal district court but lost in the U.S. Court of Appeals for the 5th Circuit, based in New Orleans.

No Special Deference

The deputy sheriffs and the Clinton administration argued that the Labor Department’s interpretation of the statute deserved deference and that a government agency could not require employees to use compensatory time without consenting to such a policy in a labor agreement.

But in its May 1 ruling, the high court rejected those arguments.

“Nothing in the FSLA or its implementing regulations prohibits an employer from compelling the use of compensatory time,” Justice Clarence Thomas said for the majority. Chief Justice William H. Rehnquist and Justices Sandra Day O’Connor, Antonin Scalia, Anthony M. Kennedy, and David H. Souter joined the opinion.

In dissent, Justice John Paul Stevens, joined by Justices Ruth Bader Ginsburg and Stephen G. Breyer, said the Labor Department’s interpretation deserved greater weight by the courts. But Justice Thomas said that an opinion letter from a department does not merit the same legal deference as a formal regulation.

Ms. Underwood said that section of the ruling could have implications for education law. For example, the Department of Education issues numerous opinion letters interpreting the Individuals with Disabilities Education Act without going through the regular rule-making process.

Now, she added, there is doubt whether such informal guidance will receive the same level of deference in the courts as formal regulations.

A version of this article appeared in the May 10, 2000 edition of Education Week as Employers Can End Cash For Comp Time, Court Rules

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Oxford School Shooter's Parents Were Convicted. Holding District Liable Could Be Tougher
The conviction of parents in the Oxford, Mich., case expanded the scope of responsibility, but it remains difficult to hold schools liable.
12 min read
Four roses are placed on a fence to honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in last week's shooting, outside Oxford High School in Oxford, Mich., on Tuesday, Dec. 7, 2021.
Four roses are placed on a fence outside Oxford High School in Oxford, Mich., honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in the Nov. 30, 2021, shooting at the school.
Jake May/The Flint Journal via AP
Law & Courts Oklahoma Supreme Court Weighs 'Test Case' Over the Nation's First Religious Charter School
The state attorney general says the Catholic-based school is not permitted under state law, while supporters cite U.S. Supreme Court cases.
5 min read
Oklahoma Attorney General Gentner Drummond is pictured Wednesday, Feb. 1, 2023, during an interview in Oklahoma City.
Oklahoma Attorney General Gentner Drummond, pictured in February, argued April 2 before the state supreme court against the nation's first religious charter school.
Sue Ogrocki/AP
Law & Courts When Blocking Social Media Critics, School Officials Have Protections, Supreme Court Says
The court said public officials' own pages may be "state action," but only when they are exercising government authority.
6 min read
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
Patrick Semansky/AP
Law & Courts Oklahoma Nonbinary Student's Death Shines a Light on Families' Legal Recourse for Bullying
Students facing bullying and harassment from their peers face legal roadblocks in suing districts, but settlements appear to be on the rise
11 min read
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school bathroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school restroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
Nate Billings/The Oklahoman via AP