I work for a trucking company in Florida as a Customer Service Representative (adminstrative work) and when I work overtime they only pay me 1/2 of an hour of pay after 40 hours. Am I entitled to time and a half?

Normally yes. FL uses standard federal rules. There are something like 4 states with non-standard OT rules and FL is not one of them.
- Past that, any time "1/2 time" OT is mentioned, there is at least the possibility of the Fluctuating Workweek (FWW) exception being used. I can give you a pointer to an article on the FWW rules.
http://payroll-taxes.com/articles/fluctuatingWorkweeks.html
- Alternatively, your employer could think that you are Exempt and that they are doing you a favor by by paying anything. I can give you a pointer to the White Collar exceptions.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/main.htm
- More alternatively, they do not have a clue what they are doing and owe you money. If so, your solution would probably be a wage claim with federal DOL if all else fails.

It is hard to tell which is the case based on what you have said.

I checked the employment offer I signed there is no mention of a fluctuation work week? Only a mention of what my base salary will be and that I am at will employee. So the fluctuating work week does not apply to me? What should I do at this point?
Thanks!:r:rolleyes:

Better than 50-50 chance that not only does the FWW pay method not apply, but also that you do not meet the criteria for exempt status. As DAW stated you can either file a claim with the federal Dept. of Labor or a civil suit in Florida; the latter allows you to file for at least double (and it may be triple) damages, and for this you would need an attorney.

If they pay me a base salary of $ 650.00 a week and not a hourly rate it should still apply to time and one half for overtime is that true?

As discussed in the previously cited article, there are three different legal methods of paying a Non-Exempt on a Salaried basis.
- The so-called "normal" method (FLSA regulation 29 CFR 778.113) requires overtime be paid at 150% Regular Rate of Pay.
- The other two legal methods (Fluctuating Workweek and Belo Plan) do not have the 150% Regular Rate of Pay requirement but instead tend to use a 50% RRP with a bunch of restrictions. If the employer is following the FWW rules, then it is a perfectly legal method, although one not commonly used.

I am getting the impression that you do not like the answers you are getting, and that you feel if you ask the question enough times that you will end up with a different answer that you would like better. Is that correct?

I checked the employment offer I signed there is no mention of a fluctuation work week? Only a mention of what my base salary will be and that I am at will employee. So the fluctuating work week does not apply to me? What should I do at this point?
Thanks!:r:rolleyes:

An employee's agreement to the FWW can be found by the employee accepting their pay check and continuing to work. No formal written or oral agreement is required to enforce the FWW in the 11th Cir.

No, but with the possibility of losing my job by becoming a whistle blower I need to make sure I have a good case and/or cause to file the complaint with the DOL, as well as make sure I know I have a just reason to contact the DOL.

Whistleblowers have protection in Florida. It's called cause for a wrongful termination lawsuit.

It is mandatory at this company to work holidays and they will not pay time and a half for working the holiday either. You have to take a comp day either 7 days before or 7 days after the holiday in order to be compensated for working. Isn’t this illegal too?:mad:

Time and a half is not required for holidays in Florida. Nor is is illegal to make you work them.

Comp time is illegal in teh private sector but it depends what you mean by comp time. If you mean that you must take another day off in the same week to avoid going over 40 hours, that is entirely legal. Just not paying you for the time you work would not be.