Legal Question in Employment Law in Florida

what are non-exempt and exempt employees;

i have a friend that is a operations manager for a major retail company, they work anywhere from 10-13 hrs 5-7 days consecutively with out any pay compensation for extra hours. what can we do to see if it is okay for the company to continuously have them to work as much without any type of overtime compensation? the company also had the employees to sign a statement they will not sue the company, if they didn't sign it they would not be able to continue to work. is this a legal ultimatum? please give me some type of leads.


Asked on 7/11/01, 5:05 pm

1 Answer from Attorneys
Kelly Henderson

Re: what are non-exempt and exempt employees;

The Fair Labor Standards Act (FSLA) is the federal law that sets forth what types of employees must be paid overtime and who is exempt from FSLA coverage. Without all the facts it is impossible to say for sure how your friend should be classified. It would be important to know if more than 50% of his time was spent managing other people and the number of people he supervises. The FSLA is enforced by the Department of Labor and so you might look at www.dol.gov. As to the other part of your question, I suspect he had to sign a document agreeing to arbitrate any claim instead of bringing a lawsuit. That would mean he cannot sue, however it does not mean there is nothing the employee can do in the face of illegal actions by the employer.

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Answered on 7/13/01, 2:34 pm


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