It doesn’t take a “plan” for employers to give employees comp time voluntarily—they are already free to do that.
It only takes a government plan if you’re going to mandate it—which is exactly what I responded to. The details (e.g., easing or exempting the requirement for a certain size of smaller business) doesn’t really make a difference (other than being unfair, giving businesses an incentive not to grow, and imposing the burden on somewhat fewer employers.)
WALKER: “...... But I’d rather go in the other direction, the direction of greater flexibility, to allow “comp time” instead of overtime — if the employee wants it......
—they are already free to do that.
—Comp time is more regulation.
Hmmm, you have the whole thing backward
Thus, to answer your question, you are not permitted to use comp time for a nonexempt employee who works more than 40 hours in a single workweek. That is true even if the employee requests or expresses a desire to waive overtime pay in lieu of comp time. Only public-sector employers are allowed to provide comp time to nonexempt employees.
http://www.hrhero.com/hl/articles/2013/04/23/comp-time-not-an-option-for-private-employers/
http://www.nolo.com/legal-encyclopedia/wage-hour-laws-faq-29118-4.html