Overtime Law: Are Salaried Employees in Florida Entitled to Overtime Pay?



Published on April 24, 2016

Who is Entitled to Overtime Pay in Florida? Are salaried employees in Florida entitled to overtime pay? In this video Orlando employment attorney Scott Adams addresses the issue of overtime pay and salaried employees. Free consultation at 407-835-8968.

Am I Entitled to Overtime Pay in Florida?

The short answer to that question is: the fact that someone receives a salary, does not in and of itself exclude them from receiving overtime.

The method in which someone is paid, whether it be by salary, hourly, production, or piecemeal or peace rate, does not in and of itself determine whether someone receives overtime or not. What it does affect is the method by which someone calculates their overtime.

For example, lets assume that someone receives $400 a week in a salary, and that salary is meant to cover 40 hours in that week. You have to divide the hours, 40, as the denominator to the 400, to get the hourly rate and you get $10 an hour. Now lets take the same individual and the $400 received for that week is meant to cover for all hours worked, and lets say the individual works 50 hours in that week. You simply then divide the 400 by the 50, so the 50 is the denominator and you come out with $8 an hour. In that circumstance the individual is entitled to an additional $4 an hour for the overtime rate, where the other individual would be entitled to $15 an hour.

While people that are paid a salary are entitled to overtime, there are some individuals who receive a salary that are exempt from overtime. And why is that? There are many exemptions out there, but being paid a salary is one of the elements of an exemption. For example, there is wha'ts known as the executive exemption. Under that exemption, someone needs to receive $455 a week as a salary, they have to exercise independent discretion on major business decisions, and they also have to supervise 2 or more employees. So as you can see, being paid a salary is an element of that exemption itself, but just being paid a salary in and of itself, does not exclude an individual from receiving overtime.

So as the foregoing has demonstrated, you can see that whether or not you are paid a salary in and of itself, does not exclude you from receiving overtime. If you believe that you are entitled overtime, we suggest that you contact an overtime pay lawyer at LaBar Adams in Orlando immediately.


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