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Salaried Check states 40 hours ???Florida

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  • Salaried Check states 40 hours ???Florida

    Hello and Thanks in Advance.

    I am a salaried maintenance supervisor 85% of my time is repairing equipment The State is Florida, my paycheck stub clearly states 40 hours and then my gross. For the last 4 years I have worked 40-45 hours a week and no weekends. I now have a new boss who is expecting me to work 60+ hour weeks. Can they do this without any compensation to me? My former boss at the same company would give me additional vacation time if I worked a Saturday. The new boss says he will not do this, If I refuse to work the additional hours without compensation can they terminate me?
    Guido
    Junior Member
    Last edited by Guido; 01-21-2006, 04:30 PM.

  • #2
    If you are performing that much manual labor on a regular basis, it is unlikely you are an exempt employee ("salaried" is merely a pay method). Check out the Executive and Administrative exemption criteria here.
    http://www.dol.gov/esa/regs/complian...a_overview.htm

    If you don't qualify as an exempt employee, you must be paid overtime for all hours work in excess of 40 in a work week. You could also file a claim for back overtime for 2 years (3 years if the violation is found to be willful on the part of the employer).

    You will probably have to file the claim, if valid, with the federal Dept. of Labor, however, since Florida has very weak wage and hour laws of its own.

    If you have further questions after reading the link above, please feel free to post back.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      BTW, it is quite common for the payroll software to automatically list 40 hours on the paystub of salaried employees regardless of how many hours were actually worked. It does not mean that your employer cannot require you to work more hours than that. Regardless of whether you qualify as exempt or non-exempt and regardless of what the payroll software automatically stamps, you can be required to work as many hours as your employer wants you to work. The only question is whether or not you need to be paid extra for those 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.

      Comment

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