Legal Question in Employment Law in Florida

Re: Overtime Compensation

A federal law, the Fair Labor Standards Act, sets forth the rules that govern which employees may be paid on salary and which must be paid hourly. If you have been correctly classified as a salaried employee then your employer does not have to pay you for overtime. Making a determination regarding who should be paid hourly and who should be on salary is based on several factors. Without knowing the details of what you do, including how many people you may supervise and what pecent of your time is spent performing management duties, I cannot say if you should be paid hourly for the 80 hour a week you work or paid on straight salary as you are now.

Re: Overtime Compensation

Unless the position that you hold falls within an "exemption" recognized by law, then your ER legally can ask you to work as many as hours per week as they see fit. If you choose not to work those hours, that is your choice, but your employer would be, legally, entitled to terminate your employment. I know it sounds unfair, but that is the law. If you'd like more assistance with any of the possible exemptions, please feel free to contact me at (305) 755-9441.

Re: Overtime Compensation

Merely being paid by salary is only half of the requirment for an employer to avoid overtime. Your job duties must fit certain exemptions to justify not paying over time.

Lawsuits for overtime, if successful, can result in payment of the unpaid wages, plus an equal amount as a penalty to the employer, resulting in a sort of "double recovery" for the employee. Plus the employer will be required to pay your attorney fees.

Our office on the west coast of Florida engages in this kind of litigagion and may be able to help, depending on where your employer is. 941-748-4411