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on call question - florida

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  • on call question - florida

    i saw some posts about being on call and i had some questions since i am required to be "on-call" at my job.

    i live in florida so i may need to check the laws but i was hoping someone could maybe offer some advice or answers.

    i only get paid by salary, no overtime pay what so ever.
    i also am required to be on call after work hours and it can be during any time of the night i may have to come in. i live an hour away almost and i am not compensated for having to come in. i am not paid overtime for being on call or for any gas used etc. i am expected just to come in when i am called but no compensation what so ever.
    i also don't have to clock in or my time is not tracked by the employer.

    is it legal in florida to be on call and not be paid for the time you are on call if you have to come in and work?
    Last edited by orionstarr; 09-27-2005, 09:29 AM.

  • #2
    well i decided to call the florida wage board and they we're able to help me.
    basically i am paid just enough each week to fall under "exemption' therefore the employer can have me on a "on-call" basis and not have to pay me anything more.


    • #3
      is it legal in florida to be on call and not be paid for the time you are on call if you have to come in and work? It's legal in every State provided your position qualifies for exempt status.

      Qualifying for exempt status is far more than whether your salary is at the required minimum of $455/week. Your job responsibilities are the primary determining factor. If all FL's DOL advised you on is the minimum salary required to meet exempt status, then given the federal Department of Labor a call. The applicable law is the Fair Labor Standards Act.



      • #4
        Salary but no overtime

        I am an alarm technician in Florida. I get paid a weekly salary. For the most part I work 40hrs a week. Some days it is required to put in some extra time. I am the head tech on a few jobs, but am not considered a manager. When I first started with the company about 4 yrs ago I was hired on as a salary employee with overtime (time and a half) at 45 hours. I have nothing in writing, only a verbal agreement. About a year later they changed their minds and said overtime was paid at 48 hours. The next year came along and they said that I wouldn't receive any overtime at all, no matter how may hours I worked. This is how it is still today. Am I getting screwed? Someone please help. Thanks


        • #5
          You will need to discuss this with the Federal Dept. of Labor. Generally speaking, as a nonexempt employee paid on a salaried basis, you CAN agree to have your weekly salary cover a stated number or hours, if your hours fluctuate by week. However, you still must be paid overtime at 1/2 time for hours over 40 in a workweek. The rate at which the half-time is paid would vary, depending upon how many hours you worked in that week. However, if you did not agree to this method, they cannot pay you that way.

          On the face of it, it does appear that you would be a nonexempt employee. Unfortunately, however, the Florida Workforce Commission is not tasked with pursuing unpaid wages on behalf of employees, since they default to federal law on nearly all wage and hour issues, and it appears you would have to file a civil suit to recover unpaid wages, as this law here implies.

          So, I would recommend you find a good labor law attorney and hit 'em up.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6

            Thanks Pattymd. How do I know if know if I am a nonexempt employee?


            • #7
              Nonexempt is the default. Here are the requirements for a position to be exempt. If you do not fall under any of these categories, with the job duties involved, you are nonexempt. If my assumption about what an alarm tech does is correct, you would not qualify as exempt.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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