Legal Question in Employment Law in Florida

overtime/bi-monthly pay

I was hired 1/99 for 40hr/wk x 5d/wk from 9-5. Now I avg. 45-50hr/wk from 8-6 without lunch or breaks. Can my employer reduce me to a 4d/wk every other week to cut back on o/t and pay me strait time(s/t) for my first 8hrs of o/t to compensate for that day off? I'm also paid bi-monthly; can he use each weeks hours and combine them to =80 @ s/t and then pay the remaining hours at o/t?

example: week-1 50 hrs

week-2 32 hrs

total 82 hrs paying 80 @ s/t and 2 @ o/t

or is he required to pay 72hr @ s/t(wk-1 @ 40hr + wk-2 @ 32hr) and 10hr @ o/t?

Thank you for your help.


Asked on 2/06/00, 8:26 am

1 Answer from Attorneys
Kelly Henderson

Re: overtime/bi-monthly pay

The Fair Labor Standards Act (FSLA) requires that hourly workers receive 1 1/2 times their regular rate of pay for each hour, or fraction of an hour, worked over 40 hours in any one workweek.

The FLSA is enforced by the Wage and Hour Division of the Department of Labor. I believe their web site is www.dol.gov

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Answered on 2/17/00, 3:12 pm


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