Legal Question in Employment Law in Florida

My position was suddenly changed from exempt to non-exempt. I was told my position was an exempt position several years ago. I have worked overtime including weekends and off-business hour traveling since then.

This morning, I was told that our new human resource consultant determined our office had been out of federal compliance and my position should be non-exempt. So, I was told to keep my time-sheet and not work overtime and travel within the business hours from now on. My position (title, job description, etc) will stay exactly the same way.

I understand the decision, but I cannot help wondering what happened to the all the overtime hours I have put into for the past several years. The change was because my employer has been out of compliance, not because of any changes on my position or job (in fact, I was promoted once while I was an "exempt" staff).

Is there anything I can act on? Thank you in advance for your advise.


Asked on 2/02/10, 6:57 am

2 Answers from Attorneys
N. Ryan LaBar LaBar Adams

Thankfully, Your company's HR dept does not have the final say on any exemption issue. If in fact your were not exempt under the law you are probably entitled overtime pay and possibly other damages. More information is needed and we would be happy to give you a free consultation. Call me at 407-883-5202 to discuss further. Ryan LaBar. www.OrlandoOvertime.com

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Answered on 2/07/10, 7:37 am
Scott Behren Behren Law Firm

I would pursue recovery of the overtime that you are entitled to get from your employer. Feel free to call me if you require any assistance on this matter (954) 636-3802.

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Answered on 2/08/10, 10:31 am


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