Legal Question in Employment Law in Florida
Is it legal to have a non-exempt employee work past thier scheduled shift one day and request that they come to work late the following business day to avoide paying overtime?
Asked on 2/25/10, 6:56 am
1 Answer from Attorneys
Overtime pay is required for all hours in worked in excess of 40 hours per week. In Florida, an employee working more than 8 hours in a single day does not itself mean overtime must be paid. That said, if an employee works 45 hours one week and 35 hours the next week they would be entitled to 5 hours of overtime for the 45 hour week.
Answered on 3/02/10, 7:53 am