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shift work pay Florida

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  • shift work pay Florida

    i am a restaurant owner who pays my managers on a shiftwork basis... meaning that i have a determined amount per week ( 8-9 hour days ) that i want to pay them ( like a salary) but divide that by a 6 day work week ( we are closed one day a week ) so if they work 5 shifts , they get paid for 5 shifts ,if they work 4 shifts they get paid for 4 , if the business closes ( due to weather and business being slow ) and a manager is scheduled to work but is called out ... does this shift work pay still entitle them to be paid ? and is it legal the way i am paying them ? would they be classified as non exempt or exempt ? and they do get paid more then $455.00 if they work a 5 shift week....also i do pay for scheduled meetings determined on the length of the meeting ... if the meeting is 4 hours or less i pay them 1/2 a day and if its more than 4 hours , they get paid the full pay for the day .. also , should i be paying them overtime ? 95% of the time they work only 5 shifts .... which would give them approx 40 hours ... please , any info greatly appreciated

  • #2
    IF you are going to claim these people are Exempt from overtime THEN you must pay them the same salary each week irrespective of actual hours worked (known as the 'salary basis' test). This assume of course that the employee also passes the duties test. It is very creative of you to come up with your own payment basis, but you seem to have taken the possibility of these workers being Exempt off of the table by use of this payment method.
    http://www.dol.gov/esa/whd/regs/comp...irpay/main.htm
    http://www.dol.gov/esa/whd/regs/comp...17g_salary.pdf

    Remove the possibility of the employees being Exempt (and you have), then what you are left with is Non-Exempt. This means that you must pay at least minimum wage and overtime when applicable.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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