Legal Question in Employment Law in Florida

It sounds like your boss has a very tortured and incorrect understanding of the Fair Labor Standards Act. There is a provision of that law that says that you are exempt from the overtime provisions of the FLSA if you have, among other things, the authority to hire and fire employees. There is also a provision which is used to calculate your overtime if you are a covered employee and paid a salary, and thus what you should be paid if you work longer than 40 hours a week. However, there is nothing in the law that says only people who have authority to hire and fire may be paid on a salary basis. The lowest person on a corporate hierarchy does not have the authority to hire and fire, but may still be a full time, salaries employee.

If you would like to discuss this further, please feel free to contact me at 813-374-2216 or via e-mail at [email protected].

Good luck.