Legal Question in Employment Law in Florida
Overtime Florida
This one is pretty sordid - A company I work for in South Florida just got busted for not paying overtime to some of its employees. So now they have to dispense backpay. Which is good, however...
they just called us into a meeting advising us of the ''NEW'' overtime procedures (Assume for this question we are all eligble for OT)
Now instead of us getting time and a half over 40 hrs. They are using some crazy new formaula wich makes absolutely no sense.
Basically how it turns out, we end up getting paid LESS that our normal rate for overtime, and the return diminishes the mre we work.
So if I make $10/hr the first 40, ill get paid only $5/hr for 41-45 hours, 3/hr for 46-50 and so on. NOT $10 +5.. just $5 So Esentially i make less money per hour, the MORE i work. Not only d i make less, but my rate falls below the minumum wage if I work enough hours!!!
This company is claiming that the FL Dept of Labor recommended this sytem, using a fluctuating workweek provision, but we work 50+ hours every week.
Any direction would be great
1 Answer from Attorneys
Re: Overtime Florida
The federal and state labor laws relating to overtime and minimum wage are very complicated, with lots of exemptions, exceptions, and exceptions to the exceptions. Based on the facts as you presented them, there appears to be a problem. However, there is probably a disconnect between what your company is doing as they have been advised by the DOL and what you understand they are doing. Or, perhaps, the company is misinterpreting what the DOL instructed.
There is a provision for a fluctuating work week, and it is complicated as to its application. If you would like to discuss this further, I would be happy to do so. Please call me at your convenience.
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