We are having MAJOR problems with our boss as far as overtime compensation is concerned....he tells us he CANNOT afford to pay us overtime and is trying to force us to take comp time. (We are paid hourly) When I told him that the law states that anytime over 40 hrs is overtime, he then tells us that the time we worked was NOT mandatory, and that he "made the mistake" of not "being clearer" in the matter. I reminded him that he expected us to be present for these extra hours and that he even gave us schedules of duties we would perform after hours, but he STILL insists it wasn't mandatory and that from now on we will NOT recieve any overtime...only comp time! Then, he keeps saying that he'll pay me next pay period, to which, I remind him that overtime needs to be paid during the pay period in which it was earned. He made a comment,"Oh great! Here's another one who lives paycheck-to-paycheck!"
Also, he did not pay us for a week off after Hurricane Wilma and cried "pauper" again. We work for a non-profit organization....isn't it true that every employee's salary is already set aside for the entire year when the budget is set forth? A lawyer that I know who deals in Corporate law told us that this is the case.
He is involved with many "shady" practices and has already threatened all of us that we can NEVER talk to any Board members about ANYTHING, and he reminds us that that is the reason why he fired the girl prior to us coming aboard. She tried to "blow the whistle" on him and he fired her and said she was "incompetant" (after giving her a promotion the week before!). This man is a tyrant and makes up his own rules as he goes along...what is our recourse, as employees, in recieving compensation? PLEASE HELP!!!! We are at our wits end! Thanks!

In most cases, it is illegal to provide a non-exempt employee with comp time instead of overtime. If you worked the hours, regardless of whether it was mandatory or voluntary, you MUST be paid at time and a half for every hour over 40 in a work week. There is no legal way he can avoid this.

The problem you are going to face is that Florida is one of the weakest states in the US with regards to enforcing wage and hour laws. Call your equivalent of the DOL, but don't be surprised if you have to file a complaint with the US DOL instead.

Thanks so much for your help!

What are your feelings in regards to Hurricane Wilma and the other possible illegal issues we are faced with?

I don't know enough about them to make any comments.