Non-exempt employees working for covered employers are entitled to overtime (time and a half) if they work more than 40 hours in a workweek. Often, an employer will pay an employee a salary to avoid its pay responsibilities or only pay straight time after 40 hours are worked. However, being paid a salary, does not exclude an employee from overtime pay. Rather, the test is whether the job functions an employee performs are exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”) or non-exempt. Many employers misclassify employees as exempt when they should be classified as non-exempt employees. Examples include working supervisors who do not really have an supervisory duties and perform much the same tasks as their non-exempt co-workers. Sometimes an employee will work 50 hours one week and 30 hours the next week. Employers make the mistake of only paying for 80 hours when 10 hours of overtime is due for the week in which the employee worked 50 hours. If you have a question regarding how you are paid or any other questions regarding the employment relationship, contact your Tampa employment lawyer, Darren D. McClain.
This post was written by Darren McClain