Legal Question in Employment Law in Florida

Re: wages and benefits

The FLSA (the federal overtime law) only requires employers to pay overtime wages if you work in excess of Forty (40) hours per week (or if you work in certain narrow places such as a hospital, for example, it might be over 8 hours per day), which means that if you are not actually working over 40 hours/week, then the federal law will not have been violated. If, however, you are working over 40 hours and are not being paid in full for all working periods (including times labeled as "break times" which you are in fact working), you should contact an attorney directly for a consultation.

Re: wages and benefits

If you are on salary, a set amount paid each week, and assuming you are correctly classified as someone who can be paid salary, you do not get paid overtime for hours in excess of 40 hours/week. However, you should be paid for a full day for each day that you work any time at all. The employer can force you to use paid time off hours for these hours you take off to the extent you have paid time off. An employment attorney can offer advice on whether you should or should not be paid salary or hourly.