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Changing From Exempt to Non Exempt Florida

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  • Changing From Exempt to Non Exempt Florida

    Hello and Thanks in Advance.

    I am a Salaried Maintenance Supervisor performing 70-80% of my work week doing physical labor for the past 5 years.
    About 6 months ago My employer brought in a new management Team, who refused to compensate me for any time worked over 40 hours but expected me to work 56 + hours a week.
    On the rare occasions I worked beyond 40 The former manager, most of the time would give me comp time off or Gift cards to local stores.

    When I explained the Federal Labor laws to my new boss he thought I
    was crazy. So I just continued working only 40 - 48 hours a week. My boss has threatened to fire me if I don't come in on Saturdays. I have not come in and have not been fired yet.
    Know they want to put me on an hourly pay rate "to make things right"and compensate me for the hours I have worked under this team over 40 hours. (They finally contacted their attorney and got the law straight)

    My questions are

    They are offering me My weekly salary divided by 48, Can they do this?
    I was hired on a 40 hour bases if I take 40 hours vacation I get my regular paycheck. Their way I will have to work overtime to make the same as I am making now.

    What are my rights if any if I refuse the Hourly pay they are offering me?

    Thanks Again

  • #2
    Yes, they can do that.

    They can offer you minimum wage or anything above that.

    Your choice on whether to accept what they offer or not.

    My suggestion would be to look at what you want for total compensation. Then look at how many hours you actually worked in the last year. Take the total pay and divide it by (2080 + (overtime hours*1.5)). This will give you the wage you would need to produce the total pay IF you have as many hours of overtime as you did for the last year.

    For example, let's say you earned $40,000 last year and were pretty satisfied with that, even though you worked overtime without compensation (since you were wrongly considered exempt). Based upon a 40 hour work week, the average earnings per hour were $19.23.

    Let's also say that you worked 2080 regular hours and 208 overtime hours (an average of four hours a week). If paid for the OT, you would only need to have a regular wage of $16.72. While this looks like a 13% cut in pay, it still generates as much income per year as the $19.23 (which paid no OT).

    Hopefully, the figure you come up with is not greatly different than what the employer offers and the two parties can negotiate an agreement. Otherwise, I foresee a parting of ways.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


    • #3
      Thanks for the answer Scott, I did refuse the rate and gave them a number
      I would be happy with. This was on Monday I have not heard anything yet.
      Although the rumor mill has them terminating me on Friday. If this happens I Guess I will start another thread.


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