Legal Question in Employment Law in Florida

Re: exempt or nonexempt

The determination of whether an employee is exempt (on salary) or nonexempt (paid by the hour)is based on a number of factors. However, a person's title does not factor into the analysis. Rather, courts would look at a number of factors including what percentage of your day is spent actually managing other people, how many people you supervise and if you really have management authority. The bottom line is that you cannot simply give an employee a managment styled title to avoid paying overtime. You should probably speak with an employment attorney who does this type of work and/or review the U.S. Department of Labor web site at www.dol.gov.

Re: exempt or nonexempt

You may very well be a non-exempt employee entitled to overtime. Ultimately, however, you will need to pursue some type of action in order to get a determination that you are so entitled, which means hiring an attorney and/or contacting the U.S. Department of Labor. We would be happy to assist you in any way possible, so please contact us at (305) 810-2887.

Thank you.

Re: exempt or nonexempt

It sounds to me they are taking advantage of you.

See if your company has any written policies regarding overtime. If you belong to a union, speak to them. Do you have a grievance procedure?Good luck.