Legal Question in Employment Law in Florida

The short answer is "no." However, the better practice would be to keep some form of time records for all employees, including exempt. The reason behind this is that the big question these days is whether the employee you think is exempt is actually exempt. Many employers in the recent past have been surprised to hear that their salaried employees needed to be paid overtime and were not exempt, though they believed them to be.

If an employer fails to keep records of the hours worked by such employees, they will be at the mercy of those employees, and their lawyers when they assert the actual number of hours they claim to have worked over the past three years. Absent such time records, it is much more difficult to defend FLSA claims.

Additionally, Florida has had one of the highest number of claims brought under the FLSA in the past couple of years, so the likelihood that your company may be a target is increased by virtue of the fact that you are in Florida.

It may be worth having a lawyer look at your work place to determine whether the employees are indeed exempt, and to advise as to measures that can be taken to reduce potential liability in the event that the classification of some employees has been incorrect.