Legal Question in Employment Law in Florida

Salary vs. hourly

I am a Graphic Designer who is paid salary. This seems to mean that time over 40 hours is not paid, but time under 40 hours is ''owed'' - even when the number of hours over far exceeds shortages. Is this legal? I have also discovered that if I go to the Doctor on my lunch hour, and run over by 1/2 hour, my PTO is docked by 2 hours - my unpaid lunch hour is being subtracted from my vacation time and the time I missed is being rounded up.


Asked on 2/27/08, 9:34 pm

2 Answers from Attorneys
Scott Behren Behren Law Firm

Re: Salary vs. hourly

Sounds like a possible FLSA claim. Feel free to call my office if you desire, we handle a fair number of these types of claims.

Read more
Answered on 3/03/08, 11:01 pm
Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: Salary vs. hourly

Salary should mean a consistent amount of pay irrespective of hours worked. The real question here is whether you are "exempt" from the provisions of the Fair Labor Standards Act. Only a thorough analysis of your actual job activities can adequately answer that question. Unless you are "exempt," you should be paid overtime at one and one half times your hourly rate for all hours worked in excess of 40 per week.

Even if you are exempt, you generally cannot be docked for partial day absences unless certain requirements are met. Certainly you cannot be docked more time than you actually take.

You should either contact the U.S. Department of Labor or a local attorney to better ascertain your rights.

Read more
Answered on 2/28/08, 9:43 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida