Legal Question in Employment Law in Florida

Re: Paid for overtime?

Depending upon how your compensation is specifically structured, this could be permissible. However, absent a specific agreement or pre-established arrangement between you and your employer, the law requires that you be paid a minimum wage of $5.15 (which may not be an issue for you) and that you be paid at the rate of time and one half for all hours of 40. If you have additional questions, please feel free to contact us at (305) 755-9441.

Re: Paid for overtime?

Most truck drivers are exempt from overtime pay under federal law - the FLSA (and there is no Florida law on the subject), meaning that they are not legally entiteld to it. They only receive overtime pay, then, if the employer agrees to give it, such as through a labor contract.

Thus, your employer does not have to pay overtime for your trucking duties.

You are entitled to overtime pay for your warehouse duties, though, if they exceed either 40 hours in a workweek or 10 hours on any individual day. For example, if you work 45 hours in the warehouse, you should get at least 1.5 times regular pay for the 5 hours of OT. Or, if you work a 12 hour warehouse day, you would get 2 hours of OT pay. (And, in this case, your employer has implemented a 60 hour rule which is allowable.)

But your employer has set it up so that you will not work overtime hours, and that is legal. If you have any doubts, you can call the US Department of Labor, wage and hour division, for assistance.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.