Legal Question in Employment Law in Florida

Re: payroll

No. There is a federal law called the Fair Labor Standards Act (FLSA) that gives employees rights when it comes to wages. One of the requirements for not paying overtime is that the employee must be paid a salary and earn at least $455 per week.

Employees who are not exempt under the FLSA are to be paid overtime- one and half times your hourly rate of pay for work in excess of 40 hours per work week. To prove that an employee is exempt, the employer must go beyond showing that the employee is compensated on a salaried basis. The employer must also show that the employee falls within one of the law's categories of "exempt" employees, the most common of which are executives, professionals, administrative employees, and outside salespersons.

Without getting into all of the elements necessary to fall within each of these categories, suffice it to say that not everyone you consider a "supervisor" is exempt as an "executive," not everyone from whom you expect professional-quality work is exempt as a "professional," and not everyone who performs administrative tasks is exempt as an "administrative employee."

Misclassification of employees as exempt is both common and risky for an employer. You can recover up to three years of unpaid overtime, and that amount will be doubled unless the employer can prove that they acted in good faith and with a reasonable belief that they were not violating the FLSA. The employer will also have to pay the employee's court costs and attorneys' fees.

If you have any more questions- please feel free to contact me so we can discuss your case or visit www.Ocalaw.com.

Good luck.

Re: payroll

Generally, no, unless the employer is exempt. If your employer is illegally underpaying you, you can collect at least the amount you were underpaid, and perhaps more, plus your attorney fees and costs of filing the lawsuit. If you wish to discuss, please contact me. Also, visit www.dol.gov for addtional information

Re: payroll

You may have an FLSA violation against your employer. Call or e-mail me if you wish to discuss further.

Scott Behren

[email protected]

Re: payroll

Typically no, an employer must pay time and one half an employee's regular rate of pay for all overtime hours worked. Please consult with an attorney in your area to determine what your rights may be, and feel free to contact us for further assistance if you should decide to meet with an attorney specializing in wage & hour litigation.