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Rules for salaried employees Florida

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  • Rules for salaried employees Florida

    I currently am a salaried employee- I do not get overtime. I was told when being hired by the HR administrator that I would work 40-45 hrs a week, but never more than 50. That person is gone now and my employer is making me work 13 full days in a row without a day off, and another weekend this month too. Basically Im required to work 9 to 5 during the week and then Im working weekends as well. I was told I cannot take a day off during the week to make up for the three weekends this month I will be working. Are there any laws in FL to prevent employers from taking advantage of salaried employees? Im being forced to work in our stores to cover for managers (who are paid hourly) who would be going into overtime if they worked the weekend. So instead Im going to work their job (which was not my original job position) so that my employer can get away with not paying someone to work. But Im still required to put my 40 hours in at the corporate office.
    Do I have any options?

  • #2
    Florida is not one of the very few states under which you are entitled by law to one day off out of every seven; nor is it one of the two states which puts a limit on how many overtime hours you can be required to work in a week/pay period. So regardless of whether you are salaried or not (salaried is only a pay method and has no legal standing of its own - what matters is exempt or non-exempt), you could technically be required to work 365 days a year, with limited exceptions that do not appear to apply here.

    Now, whether you are actually exempt or non-exempt is another question. It does not change the answer above; in most states, including Florida, both exempt and non-exempt employees can be required to work whatever hours your employer requires you to work and nothing in your post suggests that any of the limited exceptions apply. But if you are, in fact, non-exempt salaried instead of exempt salaried, you would at least have to be paid overtime for hours over 40.

    Can you give us a detailed description of your job duties? Not your title; what you actually do every day.
    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
      taking advantage of salaried employees

      I am considered an exempt employee and do not get overtime pay. I do marketing for this company - my main duties include designing ads, maintaining websites, attending expos, networking, and assisting the marketing director. We usually work Monday thru Friday with Sat and Sun off, however when we do work weekend events we take a day off during the week to make up for that lost day off. Now my company is no longer allowing ANY comp time - no matter how much we work on the weekend. This cant possibly be legal? Whats to stop a company from making their employees take on two or three job positions and work overtime instead of paying two or three separate workers to do that job?
      If I quit would I not be able to claim unemployment? Or if they fire me for not showing up on a Saturday to work can I claim unemployment?
      Thank you for your help

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      • #4
        my company is no longer allowing ANY comp time - no matter how much we work on the weekend. This cant possibly be legal?

        Comp time for exempt employees is legal but not required. Barring a legally binding contract or CBA that expressly says otherwise, it is 100% legal in all 50 states for an employer to refuse to provide comp time to exempt employees, no matter how many hours or how many days a week the employee works.

        Whats to stop a company from making their employees take on two or three job positions and work overtime instead of paying two or three separate workers to do that job?

        Nothing. Nor would it be illegal if they did, as long as the majority of the job duties of the employee fit a legal definition of an exempt employee. If the major part of the employee's time is doing non-exempt tasks, then the employee then becomes non-exempt and would have to be paid overtime.

        If I quit would I not be able to claim unemployment?

        No. Quitting because you do not like working 50 hours a week, which is NOT considered excessive, is not even close to a valid reason to quit and get benefits.

        Or if they fire me for not showing up on a Saturday to work can I claim unemployment?

        You can file a claim but the chances of your getting unemployment if you are fired for this reason are slim to none.
        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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        • #5
          CGB,

          What about the minimum age law?

          An employee must make at least minimum wage. Does overtime for more than 40 hours / week count?

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          • #6
            Under federal law (FLSA), an employee must make at least minimum wage and paid overtime unless the employee is subject to one of the 100 or so exceptions. The word "Exempt" means exempt from minimum wage and/or overtime and implies that one of the exceptions is in play. The exceptions are a function of actual job duties, and sometimes the industry. To be sure we would need to know what the employees actual job duties and industry are. The most common exceptions are the so-called White Collar exceptions.

            States can also have more restrictive rules. I will defer to TX specific law to other responders.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              John - if the employee is exempt, then as DAW has indicated m/w and ot laws do not apply. In their place is a salary floor. Any employee who earns less than $455 per week is automatically non-exempt under FLSA. Some states have a higher level but to the best of my memory (I'm not where I can check my sources) Florida is not one of them. An employee who earns $455 or more per week, guaranteed, can be exempt, but then the duties test must be applied.
              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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              • #8
                You folks work in one confusing field.

                I will stick to high pressure steam fittings, electricity, and Alzheimer patients.

                I have knowledge and experience on how to deal with those issues. The rules do not change.

                I hope you guys make the big bucks. My head hurts trying to decipher the regulations.

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