Employees who are not exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”) are due time and a half their regular rate for all hours worked over 40 in a workweek. Some employers mistakenly believe that if they pay an employee a salary, the employer is not required to pay overtime. That is a false analysis. The real factor in determining whether an employee is due overtime is the duties and tasks an employee is required to perform. For example, if an employee is being paid a salary but her duties are secretarial in nature, she is due overtime for all hours worked over 40 regardless of whether the employer paid her on a salary basis. If you have wage and hour questions, please contact your Tampa Employment Lawyer Darren McClain.
This post was written by Darren McClain