My boyfriend works for a mobile home set up contractor Florida. The company uses a payroll company, and his paycheck never shows the amount of hours worked on it. For example, under gross pay, it may say $987 - without the number of hours worked or his hourly wage (which is $17/hr.). Doesn't this type of industry require OT pay? He is NOT a salaried employee - and every check amount is different to prove it, but I think the company is submitting it to the payroll as an amount instead of hours worked, to get away with not paying the guys overtime. It is the same for all of the guys that work there. When the owner has been asked about why he doesn't pay overtime, he states that he is exempt from the OT law because he doesn't make at least 1 million dollars/year (he must mean net). But, I have never heard of this law. Please advise... Thanks!!

That's a bunch of hooey. First, the amount is $500,000, not a million. If the business orders one piece of lumber, or ships one manufactured good over state lines, the business is subject to the FLSA.

Plus, the courts have very broadly interpreted the tests for FLSA coverage, as well as the definition of interstate commerce, so that nearly all business are covered by the FLSA unless a specific exemption applies; such exemptions are few and far between.

Unfortunately, the requirements for pay stubs in Florida or limited to farm labor contractors with 10 or more employees. So, they don't have to show the hours on the pay stub. However, the FLSA (which the employer thinks he is not subject to, but he is) requires that accurate records be kept of all hours worked and paid for nonexempt employees, as this is the only way the DOL can verify that the employee is receiving his proper overtime pay (which this guys' employees aren't).

You can try contacting the Workforce Innovation agency to see if they can help you regarding unpaid overtime. Also, unfortunately, wage and hour standards and enforcement are pretty weak in Florida. They may refer you to the federal Dept of Labor.

Good luck.

Dear Pattymd,
Thank you for your reply. Just so that I have this right...this company cannot be exempt from FLSA? They purchase materials to set-up the homes, and then bill the retailer for the materials and labor. They do not work or ship across any state lines; and I would certainly find it hard to believe that the company didn't make $500,000 - considering my boyfriend alone made $40,000 last year. The only way to get DOL to investigate is to give them the employee's name and such - I talked to them. I don't want to do that just yet, because he will probably get fired. (However, he will be compensated greatly due to all of the OT he has missed out on.) Do you know of any way to check to see if a particular company is exempt? I just want to make sure before I light the match, so to speak. Also, do you know any way of anonymously reporting to DOL and having them check it out?
Thank you so much for your knowledge!!!

What I'm saying is that it is almost impossible for a business of any reasonable size (or even smaller) to be exempt from the FLSA. And, if your BF is fired for filing such a claim, he can also add a claim for wrongful termination, as it is illegal for an employee to be fired for asserting his legally protected rights to the outside governing agency.

They might let him do it anonymously, that I really don't know.

Good luck. Employers like this drive me crazy! :mad:

While the DOL might investigate an anonymous tip, it will almost certainly take a back seat to those which are not. I can almost guarantee you that by reporting in anonymously, you will ensure that it will take much, much longer for the DOL to do anything about it.