Legal Question in Employment Law in Florida
Decresing pay to avoid overtime.
My husband is and hourly employee for a private employer. Whenever he accumulates a few hours of overtime in a pay period they decrease his hourly wage. He is paid time-and-a-half for the overtime but the gross pay is the same as if he had worked 80 hours at his normal rate. Is it legal for a company to fluctuate wage rates week to week to avoid paying overtime?
1 Answer from Attorneys
Re: Decresing pay to avoid overtime.
It sounds like from those facts that they may be in violation of the Fair Labor Standards Act, or FLSA. If so, your husband would be entitled to time and a half of his regular hourly wage for each hour in excess of 40, plus that amount doubled as punitive damages. Also, the company is responsible for his attorneys fees.
I handle federal employment cases all over the state, and would be happy to answer any additional questions you may have. If you would like to talk further, please do not hesitate to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
