Legal Question in Employment Law in Florida

Ok I have another issue that involve compensation.

I am a Salary Employee in the state of Florida.

I was out on Workers Comp

I came back to work Tuesday Janurary 11th

WC paid me up to Monday Janurary 10th

I claimed a total of 48 hours during the week

9 hours on Tuesday 11 th

9 hours on Wednesday 12 th

10 hours on Thursday 13 th

10 hours on Friday 14 th

6 hours on Sunday 16th

Pay Period ended on Sunday the 16th

I received paycheck on Thursday the 20th

I was only paid for the equivelant of 32 hours

Normally on a 2 week paycheck I get 1923.08 on Salary

I am not asking the company for a full 2 week paycheck but did ask them why I only got paid the equivelant of 32 hours

I was told that legally they only have to pay me 4 standard 8 hour days

I do put in my time into a timesheet every 2 weeks

Can they get away with only paying me for 32 hours even though I actually worked 48 hours and am on Salary

They claim my status is Salary Hourly but if I do go over 80 hours I dont get paid overtime and If I have under 80 hours I get paid only the hours I worked.


Asked on 1/21/11, 12:43 pm

1 Answer from Attorneys
Scott Behren Behren Law Firm

Generally you are not a salary exempt employee unless you are a management level type of employee or a professional. Many times employers pay employees a salary to avoid paying overtime but the employee is entitled to overtime. Have an employment attorney that handles FLSA or Fair Labor Standards Act matters review your situation. IF you want more information check out our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com.

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Answered on 1/27/11, 6:53 am


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