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View Full Version : Overtime pay for salaried non-exempt Florida


roseo
01-16-2008, 10:45 AM
I tried looking to see if this question has come up on a previous thread, but at a quick glance, I didnt see it, so I apologize if If this is a repeat question:

We pay our employees semi-monthly; on the 7th and the 22nd of each month.
We leave one week in. Our pay-periods will fluctuate in the amount of hours that it will have, sometimes 86.8, 88 hours, 96 hours. Our Worweek begins at the begining of the payperiod, for example: next payperiod is 1/16 to 1/31
Just wondering how/if overtime laws apply to this pay schedule for salaried-non-exempt employees

Thanks

DAW
01-16-2008, 12:16 PM
Work weeks and pay periods are not legally related to each other. Work weeks under federal law (FSLA) are always exactly 168 hours long. The fact that you have a SM pay period does not change that. Let's say that Bob is Non-Exempt salaried paid SM and is currently working 9 hours per day, 5 days per week (5 hours OT per week). The workweek ends Sunday.

Given the example below, the red area is the current pay period. The weeks are displayed on a workweek basis. The workweek is not the pay period.
- In week one, the first 18 hours are part of a different pay period. The remaining 27 hours includes 5 hours OT.
- In week two, all 45 hours worked are the same pay period, with 5 hours OT.
- In week three, the first 27 hours are part of the same pay period, with no OT for the current pay period. The remaining 18 hours worked belong to a different pay period, including 5 OT hours. However, the overtime for this workweek did not actually occur until the following pay period. This is the reason that many people do not like using semi-monthly payrolls. Overtime is much easier with WK or BW payrolls.
- For the current pay period only, we would pay Bob his normal salary, plus 10 hours OT.

9-9-9-9-9-0-0
9-9-9-9-9-0-0
9-9-9-9-9-0-0

roseo
01-16-2008, 02:03 PM
Does the fact that we have 24 payperiods, instead of 26, change anything in your answer?

DAW
01-16-2008, 03:44 PM
No, because my answer was specific to semi-monthly payroll, which has exactly 24 pay periods annually. It is bi-weekly payroll that has 26-27 pay periods annually.

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