Not all Florida employers pay overtime when they are required to by the Fair Labor Standards Act. This can lead to extraordinary costs for the business.
It pays for employers to understand when they are and are not required to pay overtime. The cost of consulting a lawyer can be far less than the cost of litigation.
Who is entitled to overtime pay?
Under the FLSA, workers are entitled to overtime pay for hours worked in excess of 10 in a day or 40 in a week unless they work in certain job classifications that are "exempt" from the overtime requirement.
Examples of exempt job classifications include:
- Administrative employees who meet certain requirements
- Professionals who meet certain requirements
- Inside sales employees who meet certain requirements
Many employers err by thinking just because they classify an employee as exempt, give the employee an exempt job title, and pay them a salary, they do not have to pay the employee overtime. This is not the case. It is not the employee's job title, how the employer classifies the employee, or even whether the employer pays the worker a salary that matters. Whether an employee is exempt or not is determined by a number of factors, including the employee's job duties.
Rather than assuming your business has classified employees correctly, it pays to consult an experienced employment law attorney. The costs of misclassifying employees can be very high. Your business could be subject to triple damages, punitive damages, attorney fees and other expenses. You could face hundreds of thousands of dollars in damages.