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Salary vs. Hourly? Florida

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  • Salary vs. Hourly? Florida

    Are there rules as to what type of employee is supposed to be hourly or salaried in FL?

    My sister works for a company and was hired on salary. They were audited and told that they had to make her hourly because she was not a supervisor of anyone. Only management or supervisors were allowed to be salaried by law.

    I am salaried and have been since my hire in several different positions in my company. I have never been a supervisor. All employees except interns in my company are salaried. I travel extensively and work significant hours over 40 per week on a regular basis.

    I just want to make sure my company is not taking a shortcut to avaid paying overtime. Is there any law like this in FL?


  • #2
    "Salaried" and "hourly" are merely pay methods. What you are asking about, i.e. not legally entitled to overtime pay, is a function of the federal Fair Labor Standards Act, to which Florida defers. All employees are deemed nonexempt unless they meet the criteria under one of the exempt classifications listed in the link here.

    You do not have to supervise others to be exempt; the supervision requirement only applies to the Executive exemption.

    There are limited types of nonexempt employment for which the overtime laws also do not apply.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Thanks for the quick response, I will check out the info from your link.