Eligible employees who work more than 40 hours in a week must be paid one and a half times more than their regular wage for each hour worked in excess of forty hours. For more information about whether or not you are eligible to receive overtime pay, you can consult an attorney who specializes in labor laws. If state and federal overtime laws apply, the employee is entitled to the protections that apply depending on their overtime rights. The Population Division of the Department of Labor enforces overtime laws; however, many states have their own laws regulating overtime or you may not be covered under federal law for another reason. If this is the case, you should contact your state agency that is responsible for violations of wage and hour standards.
According to the Federal Fair Labor Standards Act (FLSA), employees should be paid minimum wage during regular working hours and also should get overtime pay when the total weekly hours are over 40. The state of Florida follows the rules of the FLSA on overtime, which can be summarized as payment of time and a half of all hours worked over 40 hours in any regular work week. Overtime usually can be calculated by multiplying your regular pay rate by 1.5.
It is a common myth of overtime law that salaried employees cannot earn overtime pay. In fact, whether an employee is paid by the hour or has a salary is unrelated to overtime. Having a salary only means that you get paid the same amount each payment period. The overtime eligibility is determined by the type of employment; basically whether you are an exempt or nonexempt employee.
Your job title does not determine eligibility for overtime pay. On the contrary, wages, duties and occupations are what determine if you can earn overtime pay. In general, any employee who makes an annual salary of less than $ 23.600 can be granted overtime pay. Similarly, non-managerial employees who perform manual or repair work, secretarial, kitchen or office work are usually allowed to receive overtime payments. With some exceptions, all hourly employees should be entitled to overtime. Some exceptions include those who travel regularly and workers who are granted commissions. Salaried employees who earn less than $ 455 per week are granted overtime. Salaried employees who earn more than $ 455 per week of work can also receive overtime. This usually includes executive, professional, administrative or computer-related occupations.
An employer may only deduct breaks exceeding 20 minutes and which are actually taken and not simply programmed.
The label independent contractor should not interfere with whether or not you receive overtime pay. However, the relationship you have with your boss and the nature of your job functions do matter. A qualified and knowledgeable attorney in overtime law can advice you in this type of situation.
Since January 1st, 2014 the Florida minimum hourly wage is $ 7.93. For tipped employees, the minimum paid in cash wages is $ 4.91 an hour.
The law is on your side under the FLSA and there are severe penalties for employers who retaliate against employees for unpaid wages claim.
If your workplace does not have any guidelines established in relation to overtime pay, this could be an indication that your employer does not pay you and your colleagues fairly. This could be intentional or by mistake, depending on whether they are familiar with the law or not. If you feel you have not been paid correctly, you should contact an attorney to discuss your case and get the compensation you deserve for your time worked.
The first thing you should do is keep track of your hours and any expenses that are a result of not receiving your check on time. The next step would be to speak to your employer to find out why this is happening. This way you can determine if this was just the result of a processing or banking error, or if it is the case that your employer has no intention of paying for the hours you worked. Many times employers and banks will cover any incidental expenses you had as a result of the delay. Each state has different employment laws that regulate wages and hours and which require the employers to pay you at regular intervals, usually weekly or biweekly. When an employer violates these laws they can be sanctioned and this could even result in criminal proceedings. In the case that you are not covered by federal employment law you should contact a lawyer who specializes in this type of law immediately. They will know how to proceed with your case and explain all your rights. The Federal law that states that you will be paid at least minimum wage for all hours worked is imposed by the United States Department of Labor. However, this law will not protect you when you receive at least the minimum wage for the hours you worked, even if you did not get paid as agreed. In case your state does not have any specific law on this kind of situation, your best option is to consult with an attorney who specializes in employment law. You may want to take action against your employer in a small claims court depending on the amount you are owed for your work.