Legal Question in Employment Law in Florida
Are there any legal aspects associated with continually scheduling an exempt employee to work greater than 40 hours in a week? Also, the employee fills a required position that must be manned 24 hours a day (it's not an option for the employee to leave early if the work is done or the day is slow). Also, since the individual is required to be present should they still be treated as exempt?
2 Answers from Attorneys
A salaried employee can be required to work as many hours as the employer requests SO LONG AS the employee is paid at least minimum wage for all hours worked (on average over a pay period). Some industries also limit the number of hours employees can work in one shift (such as truck drivers and doctors).
You are asking about a surprising complex and complicated area of the law. There are Florida rules on this subject, but they mirror the federal rules to a large degree. The federal law, known as the Fair Labor Standards Act, or FLSA, has a number of rules about who is entitled to overtime and minimum wage protections, and who is not. On top of that, there are a number of exemptions, and exceptions to those exemptions. As if it is not complicated enough, the Department of Labor has issued interpretations of the FLSA rules which also come into play. Regardless of which side you are on - employer or employee - you need to know how these rules affect you because violations can get very expensive very quickly. If you would like additional information, please do not hesitate to contact me at your convenience.
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