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Wage changes to avoid overtime Florida

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  • Wage changes to avoid overtime Florida

    I have a situation with my employer. At first they refused to pay overtime. This became a big back and forth situation. But nothing got settled. Sometimes they will cut you a check for the overtime if you complain about it. So I hadn't worked any overtime since I knew I would be screwed out of it.

    Fast forward to last week I get a paycheck in which I worked 7 ours of overtime. I was paid the time and a half for it, but I noticed that my wage had dropped. I asked the girl who does all the payroll and she said that is what they do now. They change your pay rate to compensate for the overtime pay. So in the end you are still not seeing the amount you are actually owed. And your rate will change for every check depending on how much overtime you work.

    Everything I have read tells me that this is illegal, but I thought I would check on this board before I took further action. Thoughts?!?

  • #2
    a lot of people viewing this, but no answers?



    • #3
      Not everyone who views a question is going to know the answer to every question, but they won't know if they do or they don't until they read it.

      The responders on these forums are all volunteers who do this on their own time. When one of the payroll people gets here, I'm sure they will answer you.
      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.


      • #4
        I am a payroll person, but I do not know the answer to this. This is mostly a function of state law. FL however has a reputation for having almost nothing in the way of state labor laws and not enforcing what little laws it does have. FL got rid of their DOL some years ago, something I suspect that your employer knows.

        Federal law (FLSA) cares that you get paid minimum wage and overtime, but past that mostly leave things to the state. In my state (CA) what you describe would be very illegal, but your state is not my state. You can try filing a small claims court action. It might work. It might not work.

        I did not answer the first time because I am very unsure on how FL courts would view this. I am sure that the non-existent FL DOL could not care less what your employer does to you.

        Federal DOL is a possibility. I can think of several arguments that could be made. I can also think of several counter arguments that the employer could make, starting with they explained this to you a long time ago. This could be a completely false statement, but you then have a who-said-what-when argument. You might want to run this by a local labor attorney. Small claims court might be faster and cheaper. All you need for that is the right judge.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


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