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FL Overtime and the 40 hour work week Florida

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  • FL Overtime and the 40 hour work week Florida

    A friend of mine is concerned about how his employer recommends how they utilize their daily overtime. He asked me to research, and this seems to be the best place to find out.

    Basically, he is scheduled to work 8 hour days, 5 days a week. Whenever they get into a situation where they have to work 9 or 10 hours in one day, they are told to cut their time later in the week, to ensure they don't go over 40 hours that week. He thinks that may be illegal, or wrong for them to have them do this. He believes he should get paid time and 1/2 for those hours he went over the 8 hour work day, and they can't make him work shorter hours in those other days.

    Is that correct?'

    Thanks

  • #2
    While some states have daily overtime, Florida is not one of them, so employees are not entitled to overtime for a 9- or 10-hour day. It is also perfectly legal to keep employees under 40 hours in a week by cutting hours.
    I am not able to respond to private messages. Thanks!

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    • #3
      Wrong on both counts. He is only entitled to overtime if he works over 40 hours in a week, and there is nothing whatsoever illegal about an employer adjusting the schedule to prevent him from working over 40 hours. While an employee is guaranteed by law overtime pay IF HE WORKS IT, the law does not guarantee him overtime hours.
      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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      • #4
        I agree with the previous posters. However, the important thing to look at is what is their work week? A company can set their work week however they like. At my current company it is from 12am Sat-1159p Fri while my prior company it is 12am Mon-1159pm Sun.

        If the time worked versus the time reduced is in the same work week then it is legal. If the time worked and time reduced are in different work weeks then the employee should be paid overtime the first week and the second week paid on the reduced hours.

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        • #5
          Got it

          Thank you for your rapid responses. This should clear it up for us, thanks again

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