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Question about overtime Florida

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  • Question about overtime Florida

    My husband works for a non-for-profit and works many hours of overtime. He works on sat and sun traveling, and often into the night. He works at a marine conservation organization. His boss has explained to him that there is no overtime pay (because he is salary) and/or no comp time. There was one month where he worked 3 weekends in a row, on top of his 40 hours!

    We both wonder if this is legal. It was always my understanding that if overtime pay was not given than comp time was.



    thank you for any feeback!

  • #2
    Your understanding is incorrect.

    If an employee is correctly classified as exempt, he is not legally entitled to overtime. While an exempt employee CAN be offered comp time, it is not required by law. An employer may offer comp time to exempt employees if they choose to; they are not obligated to.

    An exempt employee has no legal expectation of EITHER overtime or comp time.
    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.

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    • #3
      thank you

      thank you for the feed back and so fast!

      Comment


      • #4
        Overtime in FL

        Question:
        If you are salaried are you not entitled to overtime? I know that there are alot of ads on the local channels here from attorneys stating "you may be entitled to overtime even if you are salaried and not a supervisior of 2 other employees." What is it really? What about live in employees?
        Thank you

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        • #5
          It seems like those television ads are targeting salaried non-exempt folks.

          What matters is your classification under FLSA as either exempt or non-exempt. Hourly and salary are merely pay methods. Your primary job duties determine your FLSA status (not your job title). This link reviews the different exemptions under FLSA: http://www.dol.gov/esa/regs/complian...a_overview.htm.

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