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Thread: Prisoner Transport Company Not Paying OT Florida

  1. #1
    Junior Member
    Join Date
    Mar 2012
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    4

    Default Prisoner Transport Company Not Paying OT Florida

    For 1.5 years I worked for a private company contracted by federal, state, and county government law enforcement agencies to transport captured fugitives from justice cross-country. I was paid a "salary" based on a 50 hour work week...paid out every Friday. I had to reach 200 hours (in a 4 Friday month) to continue recieving my weekly pay. Any hours accrued over 200 in a 4 Friday month would be paid the third or fourth (varied) pay period of the following month. For example, if during month A an employee worked 250 hours (assuming it's a 4 Friday month)....said employee would be paid 4 installments of their "salary" each week...during Month B the employee would be paid for 50 hours X their hourly wage. This would be straight time...not 1.5X hourly wage. My question if it doesn't already seem obvious is: Should I have been paid time and a half for these extra hours over the 200 hour base "salary". When I questioned the owner he replied "Well, we travel across state lines (while transporting inmates) so the FLA overtime law does not apply to us". I then heard from another colleague that if a 'trip' originates in one state, and always ends in the same state (where the company is based and the transport vehicles are picked up from and dropped off EVERY time) must follow said state's OT laws. Is this true?
    Idk if an attorney would even be interested in my case (if I have one) because the total estimated owed monies is only about $12,000+.
    Advice/comments/questions are appreciated in advance.

  2. #2
    Senior Member
    Join Date
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    In a state of confusion.
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    Default Don't believe everything you hear from somebody else.

    This is what I found on the subject.
    As per:
    http://www.employmentlawhandbook.com/State/Florida.html
    Minimum Wage

    Florida's current minimum wage rate is $6.79.
    FL Agency for Workforce Innovations.

    An employer must also comply with federal minimum wage laws, which currently sets the
    federal minimum wage at $7.25.
    FLSA: Minimum Wage. Some employers and
    employees are exempt from the federal minimum wage law.
    FLSA: Minimum Wage.
    These same exemption apply to the Florida minimum wage, as well.
    FL Agency for
    Workforce Innovations.

    If an employer chooses to pay employees minimum wage, the employer must pay those
    employees in accordance with the minimum wage law, either federal or state, that results
    in the employees being paid the higher wage. In most instance in Florida, the federal
    minimum wage law will apply as it generally guarantees a higher wage rate for employees
    than state law.
    Overtime

    Florida does not have laws governing the payment of overtime. Federal overtime laws
    apply. See
    FLSA: Overtime for more information regarding overtime requirements.

    Fair Labor Standards Act
    The Fair Labor Standard Act (FLSA) sets minimum wage, overtime, and minimum age
    requirements for employers. There is no minimum number of employees that must work for an
    employer before the employer is responsible to comply with FLSA standards. The FLSA creates
    two classifications of employees for purpose of minimum wage rates and overtime. The two
    classifications of employees are exempt and non-exempt. Also, the FLSA only sets minimum
    labor standards. Many states have enacted higher minimum wage rates and more stringent
    overtime requirements. For state minimum wage and overtime requirements, click
    here.

    Exempt Employees
    Employers do not need to pay exempt employees the mandated minimum wage rate or
    overtime as long as the statutory exemption requirements are met. For a summary of those
    requirement, read the
    DOL's exemption fact sheets. Currently, the misclassification by employers of employees as exempt is one of the most active areas of enforcement for the DOL.If you are an employer, you need to make sure the employees you current have classified as
    exempt are truly exempt. Employers that improperly classify employees as exempt are generally
    required to reimburse the improperly classified employees for the income lost due to the
    improper classification. Employers may also be subject criminal prosecution and fines up to
    $10,000 or $1,000 per violation depending on the willfulness of the violation.

    Non-exempt Employees
    For non-exempt employees, the FLSA sets minimum wage rates and overtime requirements.

    Minimum Wage:
    Currently, the standard federal minimum wage is $7.25 per hour. (To see state minimum wage
    rates click here.)

    Employees under the age of 20 may be paid not less than $4.25 per hour for the first 90 consecutive calendar days of employment. The 90 consecutive calendar days include both days worked and days not worked.

    If employees received tips as part of their wages, they must be paid a minimum of $2.13 per
    hour and there total wages (wages + tips) must be equal or greater than the standard minimum
    wage rate. (Other requirements must be met for an employer to be able to pay the $2.13 wage

    rate).
    Failure to comply with minimum wage laws can result in monetary penalties and imprisonment
    depending on the gravity and willfulness of the violation.

    Overtime:
    An employer must pay a non-exempt employee a minimum of 1-1/2 times their base wage rate
    for all hours worked over 40 in a workweek. There is no federal law limiting the number of
    hours an employer can require a non-exempt employee to work so long as they pay overtime.
    Like with minimum wage rates, some states have more stringent overtime laws.



    Idk if an attorney would even be interested in my case (if I have one) because the total estimated owed monies is only about $12,000+.
    You won't know unless you ask one.
    Good Luck.

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