Legal Question in Employment Law in Florida
overtime hours and exempt employees
As a Certified Nurse Midwife, I
am employed by a large pvt
practice (more than 100 emp).
Initially hired under contract, my
status was changed when 2
partners resigned. Since Jan 2006
I have been hired, without a
contract, as an exempt employee,
but required to work 48-72
hours per week, and if I take a
day off that is not post 24hr in-
house call, I am expected to use
my vacation hours, even if I am
working more than 40 hours in
that week. My employers have
acknowledged that our group of
4 Certified Nurse Midwives are
covering hours that require a
minimum of 5 1/2 FTEs. I need to
understand my legal standing in
requesting overtime pay, and
refusing to use vacation hours in
a week that I work more than 40
hours. Additionally, I want to
know whether I can legally refuse
to work the overtime hours. Can
a company expect that
employees to continue to work
an excess of 48, 56, 64 and 72
hours per week without
compensation. Thank you
1 Answer from Attorneys
Re: overtime hours and exempt employees
If you are paid a salary, you may be exempt - - however, it is a very fact intensive inquiry, so please consult an attorney specializing in wage & hour law to ascertain what your rights may be. Please feel free to contact us for further assistance but remember that your statute of limitations continue to run until you have taken formal action with a court.
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