Legal Question in Employment Law in Florida

labor

if you are an exempt employee can an employer ask you to you a time clock and if yes are they required to pay you overtime wages


Asked on 2/13/08, 3:49 pm

3 Answers from Attorneys

Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: labor

If you are an exempt employee, properly exempt, then no they do not need to pay you overtime. As for the clock, there are cases each way and since it doesn't affect your pay but lets your employer know when you are in or out, it is probably ok.

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Answered on 2/14/08, 11:14 am
Keith Stern Shavitz Law Group

Re: labor

Whether an employee is exempt vs. non-exempt is not determined by punching a time clock. Employers legally can require that even "exempt" employees punch a time clock, as the law permits employers to create and implement business rules which don't affect an employee's classification under the Fair Labor Standards Act (the federal law which requires the payment of overtime wages to non-exempt employees).

What is controlling, however, is the manner in which you are compensated and the types of duties you perform.

Please consult with an attorney directly to learn what your rights may be.

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Answered on 2/13/08, 5:00 pm

Re: labor

The exempt and non-exempt status of an employee does not have anything to do with the time clock. It is based on how compensation is provided and the nature of the job.

Exempt employees generally are not paid by the hour and are salaried employees, not subject to overtime rules.

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Answered on 2/15/08, 9:42 am


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