Legal Question in Employment Law in Florida

Basics of wage & hour standards/employment

What are the significant differences in salaried vs. hourly? For several years I was salaried @ 40 hrs. per week. Daily hours have generally been 9 - 5 + sometimes more & I seldem take lunch & often take work home w/ me. Now two new administraters wants me to "sign in" by computer but says I'm still salaried And says that my hours SHOULD have always been 8:30 - 5: (?!) because1 hour lunch is mandatory(?). Even when I don't sign out for lunch, the software automatically deducts the lunch. The work I do often involves assisting in "emergency" requests around lunch time so such mandatory lunch is often impossible. No specific hours were ever given when I was hired other than salaried for normal business hours 40 hr wk. . Isn't this an "unofficial" switch to hourly w/o the overtime?? I've spoken to my boss, who says I'm doing an excellent job but is vague about the issue. The Administrative staff Directer is imposing the "new"hours... Aren't regulations against imposed lunch past the 8 hr day? I have never thought about such details but aren't there minimum breaks/time required within the 8 hour day to begin w/? They can certainly forget about me taking the work home anymore! Thanks in advance for the information.


Asked on 10/27/97, 9:25 pm

1 Answer from Attorneys

Frank Shooster Shooster Kahn & Kleinman, P.A.

wage & hour

Ethical rules prohibit attorneys from giving legal advice on the web. In general, an employer has the right to alter the terms and conditions of employment absent a personal contract or collective bargaining agreement. Whether you are entitled to breaks or overtime would depend on the nature of your position, which you have not mentioned.

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Answered on 10/28/97, 10:05 am


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