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Overtime-is this legal Florida

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  • Overtime-is this legal Florida

    Hi,

    I have a question regarding overtime. I know someone who is working 42.5 hours weekly, and gets paid straight time for his overtime, no time and a half. He does not get paid time and a half for those 2.5 hours worked over 40 on a weekly basis. What are his rights?

    Thank you.

  • #2
    A short answer is that this is probably not legal and that the employee should either talk to an attorney or file a small claim courts action.

    A longer answer would ask you a bunch of questions to determine all of the facts, including what is the nature of the industry and what are the exact duties of the employee (not just the job title). With that information it would be possible to determine whether or not there are any obvious FLSA exceptions in play. Based on what you have said, we are sort of guessing that there is a legal right to paid overtime but this has not actually been established as a fact yet.

    Any employee's "rights" are very dependent on exactly what the FLSA classification is, which has not yet been determined.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      He is a mechanic shop coordinator...i.e. receptionist...no formal title was given for a small shop that employees 3 mechanics in addition to my friend. Its run by a husband and wife team and they deduct federal taxes weekly. He answers phones, greets customers, collects payments, etc. Thanks for your help thus far.

      Comment


      • #4
        OK. As far as federal law (FLSA) is concerned, none of this rates a specific exception to either overtime or minimum wage. There is one possible issue. The employer can try to claim that they are not subject to the FLSA law at all. They might be right although this is a hard argument to make legally.
        http://www.dol.gov/esa/whd/regs/compliance/whdfs14.pdf

        Past that even if FLSA does not apply (and it probably does), then the next question would be whether or not there are any state overtime law. Your state is not my state and I have no idea what state specific law on this subject (if any) exists in FL. I can say that FL has no DOL, and is not known for a state with much in the way of state labor law.

        In most states the answer would be to just file the wage claim and let the state sort out the law. The legal burden of proof would be on the employer to show that FLSA is not applicable to them and that is a tough burden to meet. However your state does not support wage claims. A federal wage claim is possible, as is a small claims court action or a general court action.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Florida has no state overtime law. They do have a higher than Federal minimum wage.
          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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