Legal Question in Employment Law in Florida
Overtime Compensation Denial
My employer refuses to pay overtime (anything over 40 hours) instead stating we get compensation time off instead. That time had been rarely given with promises of being able to take the time off later. I have always kept track of my hours (we fill out timesheets daily) and turned them in, then the office manager would fill out a ''faked out'' time sheet with strictly 40 hours on it to be sent into corporate headquaters for the payroll. We were not allowed to collect our paychecks until we signed those faked out timesheets. Corporate knew and approved of this procedure. I just recently was told that our real time sheets were thrown away and only the faked ones were kept, and we were told that we could keep track of the real hours ourselves but they could not be kept in the office. Now I get a note in my last paycheck saying that any compensation time earned during the course of a pay period (two weeks) or you lose it. Is this legal? I can't afford to lose my job, and instead of givng me overtime pay, they offered to let me live rent/electric free for my past overtime comp. If they stop giving me this, I have no proof of my hours execpt the copies of my time sheets that I made and kept for my own records. Is this legal?
2 Answers from Attorneys
Re: Overtime Compensation Denial
Possibly not, overtime is available to non-exempt employees who work over 40 hours in a work week. The employer is to the employee one and a half rate of pay. "Comp time" is usually not acceptable but for public employment "government" jobs- but must be reimbursed at a time and a half when proper. You may want to contact a wage and hour attorney to further discuss possible legal actions.
Re: Overtime Compensation Denial
This is illegal (unless you are working for a public entity and they are properly giving you comp time). You may be entitled to up to double the overtime which the employer should have paid you under the law. Additionally, the law makes it illegal for your employer to take any negative action towards you (i.e. firing or demotion) should you decide to bring a claim for the overtime wages owed to you.
My firm and I regularly handle these claims throughout the State of FL. We handle them on a contingency basis which means that we only charge you a fee if we are successful in winning your case for you. Feel free to call me for a free consultation.
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