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Salaried Employee In Florida Florida

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  • Salaried Employee In Florida Florida

    So I am currently an employee for a large corporation in the state of Florida, and am a salaried employee for this company. I have days where I work less than 8 hours, and I have days where I work close to 10 hours. I have weeks where I work close to 40 hours but I also have weeks where I am **** near close to 60 hours a week. I am new to being a salaried employer, so how do the laws and regulations in Florida go about for someone like me in my position of being a salaried employee. Do they have the right to make me work those 60 hour weeks even though I am only getting paid for 40? (The company does not pay overtime).

    Anything helps, I am fairly new to the Florida Labor Laws

  • #2
    Salaried has no legal status of its own. What matters is exempt and non-exempt. Not all exempt employees are salaried; not all salaried employees are exempt.

    If you are salaried exempt, you are not being paid for 40 hours (even if your paystub defaults to 40). You are being paid on the value of your position to the company. An exempt employee is expected to work as many hours as it takes to complete the job. It is not at all unusual for an exempt employee to work 50, 60, 70 or even more hours every week, and there is nothing illegal at all about that. You're not being paid by the hour.

    If you are salaried non-exempt, then with very rare exceptions you still need to be paid overtime if you work over 40 hours in a week (Florida is not one of the very few states that calculates overtime by the day) but on the flip side you do not need to be paid for any time that you do not work.

    Is is not possible to determine, by what you've told us, whether you qualify to be exempt or not. Any employee can be classified as non-exempt; an employee has to meet specific qualifications to be exempt. But regardless of whether you are exempt or non-exempt, salary paid or hourly paid, in Florida and in a great many other states you can be required to work 24/7/365 and as long as you are paid appropriately, the law will not care.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      What are some of the qualifications for an employee to be exempt or non-exempt?

      Right now, I am a delivery truck driver. My day isn't done until all of my stops are done. Our days for our business are built to about 9-10 hours a day give or take. I get into the office about 6 AM but my hours are punched until I punch in my first stop in my handheld, and my day doesn't end until my last stop is don. My time doesn't get punched out until my handheld is docked. Now, our pay stubs are only stating 40 hours every week, even if we go over or under those 40 hours.

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      • #4
        Ask and ye shall receive. http://webapps.dol.gov/elaws/whd/flsa/screen75.asp
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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