If you are an hourly employee does your employer have to pay you overtime if you work in excess of 40 hours per week?

Hourly is merely a pay method. What matters is your classification under FLSA. If you are correctly classified as non-exempt and you work more than 40 hours in the predefined work week, you should be paid the overtime premium for the additional hours. However some exceptions do exist. What exactly do you do?

I work as an hourly employee in a family owned retail boutique. I was given the title "manager", but it really doesn't carry any weight and the pay difference between me and the others is only 0.75 per hour.

It's the typical thing; make someone a mgr., so you have one person the blame for everyone else's mistakes. I can't hire or fire anyone. I'm not on salary, wasn't told I'd be expected to work over 40 hrs without overtime, was just told after first paycheck (52) hours that he doesn't pay overtime.

I've been employeed for almost 3yrs, I work a 6 day work week, and in the past have worked up to 56 hrs a week, once 3 weeks straight with no day off!

Where do I stand?

It sounds as if your boss may have you classified as exempt for purposes of overtime. Exempt classification means that you're not entitled to overpay pay when it's worked. This classification is defined under FLSA (Overview (http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm)).

A problem would exist if you are misclassified. DOL regs are specific as to what qualifies and what doesn't. If you are misclassified, you may be entitled to back pay. I believe Florida defers unpaid wage claims to US DOL OR you may sue for back wages in small claims court. Pattymd, correct me if I am wrong.

ok, you mean as in admin. or exec. right?

Doubt it...

I've been told he's NEVER paid anyone who has ever worked for him overtime!!!!

10 other employees that I have known since I started, all retail "sales people" weren't paid for their overtime, they have also worked in excess of 50 hrs per week.

I agree that sounds like a clear violation of FLSA.

It's not unlawful to have a policy that overtime may not be worked. However should it be worked and the worker is properly classified as non-exempt under FLSA, it must be paid. Such a policy would not relieve an employer from paying overtime. Please keep in mind that the employer has the right to punish an employee (including termination) for disobeying a company policy.

It may be worthwhile to consult with a lawyer on this.

Thank you for your reply,

If he terms me... sobeit...

Oh yeah, did I mention that he's already being fined by Work Comp for hindering a claim...mine, he told me not to file one, I forced him to. He also did it to another employee a few years ago. Paid her off to leave....

Here's the best part... he's an attorney!!!

Seems to me it'd be wrongful termination, but I could be wrong.

Although it's very unlikely it's just possible that the company MAY be exempt from FLSA coverage, if they gross less than $500K per year OR they engage in absolutely NO interstate commerce. This second criteria is very hard to meet; retail stores very likely order supplies or stock from out-of-state vendors or accept credit cards issued by out-of-state banks.