Legal Question in Employment Law in Florida

Salaried Employee? overtime?

Hired as a cell phone sales Management trainee. I was told during the season the work week would be 48 hours and I would not be required to work any longer as a salaried employee. After the season it would drop down to 40 - 42 hrs a week on a 5 day week. I was told we would have paid vacations on major holidays.

This ended up being a job where I have worked 10-11 hour days on numerous occasions including Sundays which I was supposed to have off as well as 7 to 10 days straight without a day off. When there is a holiday your one day a week off is taken away. The pay is salaried plus split bonus between all employees at a location. The only employee at my location in most instances is me, and most of the stores do not regularly meet their bonus requirements.

Should I be getting paid overtime and should I continue to do work that is outside what they told me when I was hired?

Something is smelling very fishy here in Florida.


Asked on 1/13/08, 4:31 pm

2 Answers from Attorneys

Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Salaried Employee? overtime?

It is quite possible that you should be getting overtime. Additional facts are necessary to see if you qualify. Please contact a local attorney or my office to discuss further.

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Answered on 1/14/08, 10:17 am
Scott Behren Behren Law Firm

Re: Salaried Employee? overtime?

Based upon the facts you have given, I can't fully evaluate your claims but if you call our office, I might be able to better tell you whether you might be owed some overtime.

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Answered on 1/13/08, 9:36 pm


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