You might want to review your Exempt classification. Employees making more than minimum wage are entitled to compensation of 1. Employers should use this information to ensure correct classification. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. Nurses and over-the-road truck drivers, for instance, must adhere to more specific guidelines when it comes to working overtime because they can put themselves, and others, at risk if they are exhausted from working too many hours. Other jobs are excluded from only the overtime requirement. Florida does not require an employer to provide breaks to employees.
There are only two states that put limits on the number of hours an employee can be required to work; Florida is neither of them; to my knowledge even in those two states the law applies only to non-exempt employees. When an employee is paid a salary the employee receives a fixed amount in wages each pay period without regard to the number of hours the employee worked during that pay period. He or she must also have authority to hire, fire, or promote employees, or at least have a great deal of input into the hiring, firing, and promotion of workers. In addition, a primary component of their work must involve the exercise of independent judgment and discretion about matters of significance. Most private sector employers in Florida must follow federal overtime laws, which work hours and allow mandatory overtime.
Wages pay an employee a specific amount of money per hour worked. He has great expertise and experience in the area of new business startup and finance. . Failure to comply with minimum wage laws can result in monetary penalties and imprisonment depending on the gravity and willfulness of the violation. These statutory requirements are supplemented by regulations and decisions rendered in specific cases or situations. Most employees in the United States are covered by the Fair Labor Standards Act, according to the website of attorney.
What Records Should Be Kept? Executive Overtime Exemptions Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. Federal Court Issues Injunction Regarding Overtime Rule However, the implementation of the final rule came to a halt in December when a federal judge issued a nationwide injunction, preventing the rule from taking effect by arguing that the Obama administration had exceeded its authority by raising the overtime salary limit so significantly. I don't disagree that she is being somewhat unreasonable. If you are salaried but non-exempt, then if you work more than 40 hours in a week, you will earn extra pay. Department of Labor, requires that all U.
Vacation, holiday or other pay for time not worked is not required by Florida employers and is at the discretion of each individual employer. The worker must have individual discretion—or a certain amount of freedom—in how to do his or her work duties and the opportunity to express independent judgment at work, rather than just following orders. Can Salaried Employees Still Get Overtime Pay in Florida? Computer Employee Exemption: Computer employees must perform advanced-level work with computers in order to qualify as exempt. The exemption provisions are complex and vary by type of position, so you may need help to understand your status. Conversely, as long as an non-exempt employee does not work more than 40 hours in a workweek, an employer is not required to pay overtime even if the employee works more than eight hours in one day or whether the employee works on a holiday, a Saturday, or a Sunday.
I would recommend the firm to a friend or family. Overtime Minimum Wages The minimum wage for overtime according to Florida overtime laws is 1. To calculate it, divide your weekly salary by what your employer considers the normal workweek, generally 35 or 40 hours, to get your equivalent hourly rate. Just basic kids appts that come up. Highly Compensated Employee Exemption: Any employee who is highly compensated for his work and who performs one or more duties of a professional, executive, or administrative employee may be considered exempt from overtime. For example, if an employee must work a trade show over the weekend, the employer would give time off instead of paying overtime. No content on this site may be reused in any fashion without written permission from www.
The statute of limitations in Florida is the same as Federal law — claims can be made within 2 years, or 3 years if the violation is willful. In March 2017, the judge invalidated the ordinance. Professional Overtime Exemptions Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Hours Worked Covered employees must be paid for all hours worked in a workweek. This is true regardless of the amount of hours worked per week.
These requirements state that when breaks of 20 minutes or less are given, they must be paid. The state of Florida does not have overtime laws in place that differ from Federal labor laws. The Basics for Exemption A job title or classification alone is not enough to make an employee exempt. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of two or more workweeks. Either You Are Exempt or You Are Not Exemptions are like being pregnant: either you are, or you are not. If your work involves manual labor such as construction worker, factory attendant, cashier, etc you are probably protected under overtime law.
You can also make catch-up payments toward the previous quarter's salary. If you think you may be deprived of your Florida overtime pay rights, be sure to contact us for a free and confidential review of your specific situation and whether or not Florida overtime rules have been violated. Generally, in order to be exempt from Florida overtime laws, your job duties need to fall primarily into one of these four exemptions. Here is a brief overview of how the law actually works for overtime payments: If an employee works more than 40 hours in a given work-week, he or she is normally entitled to an overtime wage of one-and-one-half their normal rate for any hours worked above 40. The , administered by the Wage and Hour Division of the U.