The federally governed Fair Labor Standards Act (FLSA) sets forth the standard for minimum wage requirements, the total number of hours worked in a week, and overtime pay. Similarly, many states like Florida have laws that also identify a worker’s employment rights pertaining to wage and hour requirements. If you believe that your employer violated any laws established in the FLSA and that you are owed overtime pay, please contact one of our attorneys that specializes in Florida overtime laws today.
Overtime Pay Requirements
There are many misconceptions about overtime laws. We will cover five of the main topics pertaining to overtime pay requirements in Florida.
- Unless exempt, employees should receive a time and one-half of their typical hourly rate when they have worked more than 40 hours in a workweek.
- Exempt employees are typically considered “bona fide” executive, administrative, and full salaried employees.
- The total hours worked is considered any amount of time that the employee was permitted to be at the employer’s premises or required to perform job tasks.
- A workweek is a fixed 7-day period of 168 hours that does not need to align with the standard calendar week.
- There is no limit to the number of hours an employee may work in a workweek. Weekends and holidays also do not require additional compensation unless the employee has already exceeded 40 hours of work for that week.
Examples of Employers Violating Overtime Laws
There are many tactics employers use to prevent paying their employees overtime. Two of the most common ways this happens is by exempting the employee by misclassifying their position and requiring tasks to be performed off the clock.
Here are three examples of wage violations.
- The employee is required to work a 45-hour workweek, but is not compensated at time-and-a-half for the last 5 hours worked. Even if both parties agree to this set schedule, the employer is still required to compensate the employee accordingly.
- Instead of paying overtime for a 45-hour workweek, the employer divides the total number of hours worked over a two-week period.
- The employer offers “comp time” to the employer in the form of extra sick days for overtime work to be performed in the present.
Attorneys Experienced in Florida Overtime Laws
If your employer fails to acknowledge that you are entitled to overtime pay, please seek the advice of an attorney experienced in Florida overtime laws. We will help determine if you have a case, can assist you in filing a claim, and will aggressively pursue damages for your lost wages in a civil lawsuit.
If you would like to speak with an attorney that specializes in Florida overtime laws, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.