Legal Question in Employment Law in Florida

Position Elimination - Florida

My position was recently ''eliminated'' for budget reasons. My question is: are there any laws in Florida that states a certain time frame in which the position can't be re-instituted, before bringing on someone in the same capacity or even with a different title, but the same responsibilities?

Also, I read recently that Florida law requires that an employer must pay overtime to any hourly employee that works more than 10 hours in one day. Is this true?


Asked on 4/02/09, 5:39 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Position Elimination - Florida

There is no law that says when an employer eliminates a position then they can't recreate it whenever they want or feel the need to do so. Some union contracts contain that limitation and it is one of the protections that unions have secured, sometimes, for their members.

Overtime is due after 40 hours in a week.

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Answered on 4/02/09, 6:11 pm


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