Legal Question in Employment Law in Florida

Re: Overtime pay in Florida

Overtime pay is governed by federal law not Florida state law. Under the Fair Labor Standards Act (FLSA) an employee is entitled to time and a half for every hour or part of an hour worked in excess of 40 hours per week. Salaried employees are said to be exempt from the FSLA and are paid a straight salary no matter how many hours they work. Exempt employees must be paid for a full days work for any day that they work, no matter if they work 2 hours or 12 hours. The FLSA carefully defines who can be on salary based on job duties. A company calling you salaried does not itself make you exempt from the FLSA and properly on salary. Incorrectly classified employees can bring suit for unpaid overtime. That is a quick overview. You can send me an e-mail or check out the Department of Labor web site if you need more information at www.dol.gov.