Not all workers in Florida are qualified to receive overtime pay. In fact, employers don’t have to pay their exempt workers overtime no matter how much they work. However, it’s important for businesses to keep track of who’s exempt and who’s not.
What does it mean to be exempt?
If you’re an exempt employee, you get paid a yearly salary instead of by the hour. However, your employer must pay you at least $684 a week before you qualify for exempt status. Since you get paid the same amount no matter how much your work, your employer doesn’t have to pay you for overtime.
If you’re a nonexempt employee, your business must pay you for overtime if you work more than 40 hours a week. Nonexempt employees are paid by the hour, not with a yearly salary. As a result, your business has to keep track of the hours that you work and make sure that it pays you accordingly.
Some businesses try to classify nonexempt employees as exempt, so they don’t have to pay them for overtime. This can lead to lawsuits and wage and hour cases. If you’re a nonexempt employee, and your business hasn’t compensated you for overtime, you may want to consult with an attorney.
How can you determine if you’re an exempt employee?
You may want to talk to a lawyer to find out if you qualify for exempt status. If you don’t qualify, but your business won’t give you overtime pay, it may have deliberately miscategorized you. Even if it was unintentional, you may still qualify for a settlement that compensates you for your lost wages. You may also have a case if your employer forces you to perform extra work when you’re off the clock or doesn’t pay the federally mandated minimum wage.
