So your boss has handed you big promotion. He has made you a manager and has agreed to
pay you a salary. After awhile you
realize that your pay is about the same.
You do the same job that you performed prior to the promotion. You do not have any real authority on the
job. All significant decisions still
must be approved by your boss. To add
insult to injury, you now are required to work 50 hours per week, but receive
no additional pay. Most people assume
that since they are salaried and have a job title that they are not entitled to
overtime. Nothing could be further from
the truth. This determination is dependent
upon whether the employee is classified as an exempt or non-exempt employee
pursuant The Fair Labor Standards Act.
The Fair Labor
Standards Act
The Wage and Hour Division of the U.S. Department of Labor
regulates The Fair Labor Standards Act (FLSA) which establishes minimum wage,
overtime pay, record keeping, and child labor standards that may affect full
time and part time workers in private businesses and also State, Federal and
local governments. In order to collect
overtime wages, you must be a non-exempt employee, meaning you are entitled to
receive overtime pay based on your position and duties. White collar jobs and many management
positions are considered exempt, but simply because your boss gives you the
title of manager and pays you a salary does not necessarily mean you are exempt
in the eyes of the law.
Exempt vs.
Non-Exempt Employees
Some jobs are classified as exempt by definition. Outside sales employees are non exempt, by
definition. While there are grey areas,
most employees can be classified as exempt or non-exempt based upon three basic
criteria: how much they are paid; how
they are paid; and what kind of work they perform. As a general rule, exempt employees must be
paid at least $23,600 per year on a salary (not hourly) basis and must perform
exempt job duties. Failure to meet any
one of the criteria will result in the employee being considered non exempt and
eligible to collect overtime wages.
Obviously, the first two criteria can be easily
determined. It is the third prong of the
test which examines the type of work performed that causes the most
trouble. If your job duties include the
following abilities and/or duties you will likely be considered an exempt
employee.
Supervising two or more other employees
·
Management is the primary duty of the position
·
Ability to hire, fire, train, promote and
discipline employees
·
Ability to set rates of pay
·
Ability to set sales goals
·
Planning the work
·
Apportioning the work among the employees
·
Planning budgets
·
Monitoring work for safety, legal and regulatory
compliance
However,
even if your job description seems to qualify as an exempt position you may
still qualify for overtime pay if your employer does not treat you as an exempt
employee. An example of this would be if
your employer “docks” your pay if you miss a day of work. True exempt employees are not docked pay for
missing a day of work.
What
Happens if My Employer Does Not Pay Me Overtime?
According
to FLSA, non-exempt employees must be paid overtime wages at a rate of no less
than one and one-half (1 1/2) times their regular rate of pay, after 40 hours
of work has been completed within a work week.
If your employer does not pay overtime pursuant to the FLSA, you may
file a lawsuit. If you can show that you
were entitled to overtime, your employer will be liable for your unpaid
overtime, liquidated damages in an amount equal to your unpaid overtime and
your attorney’s fees.
An employee looking to file a claim for overtime
compensation must do so within a specified time period. There is a statute of limitations in the
State of Florida
for filing such claims. In Florida, you must file
your claim within two years of the date which you were entitled to earn the
pay. As an employee, you are eligible to recover wages retroactively two (2)
years from the date of filing your claim.
Contact
an Experienced Wage and Overtime Lawyer at The Law Offices of Bobby Jones
Do you believe that your employer has failed to pay you
minimum wage and/or overtime?mailto:hmurphy@bobbyjoneslaw.com Contact an experienced St. Petersburg
wage and overtime attorney at The Law Offices of Bobby Jones today. When you contact our office we will immediately
set an appointment where you will meet your attorney and be provided with
his/her personal contact information. If
you do not have transportation or you cannot drive, your attorney will travel
to meet you and discuss your case with you.
If your boss is not paying you minimum wage, overtime or
requiring you to perform work for periods which you are not being paid, you should
immediately call an experienced wage and overtime attorney in St. Petersburg at
The Law Offices of Bobby Jones at (727) 571-1333 during regular business hours
or (727) 753-8657 on weekends or after regular business hours. We will evaluate
your case for free and you will never pay us a dime unless we recover
compensation for your injuries.
The Law Offices of Bobby Jones
6570 30th
Avenue North
St. Pete,
FL 33710
http://bobbyjoneslaw.com/overtime-and-wage-claims/">
http://bobbyjoneslaw.com/overtime-and-wage-claims/
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