Payment of Salary Plus Overtime?Sep 06, 2023
Just because an employee is paid a salary does not mean he/she is not entitled to overtime.
I’m Karly Wannos, a Florida employment lawyer, workplace investigator and provide training to companies and their management team so they can follow the employment laws.
The default rule under the fair labor standards act is the employee is to be paid an hourly rate and overtime for all hours worked over 40.
The employee is exempt from this default rule if it falls within one of the FLSA’s exemptions. The exemptions are things like administrative, executive, outside sales professional- but there are certain requirements and thresholds that must be met in order to prove the employee falls within the exemption. For example under the Executive exemption, must manage 2 other people, and have the ability to hire and fire and manage a department. Just because an employee holds the job title of manager, does not mean the employee should be placed on a salary and not entitled to receive overtime. Many restaurants do not get this correct.
If an employee is improperly classified as an exempt salaried employee, and really should be non-exempt hourly and receive overtime, the employee could be entitled to that overtime even if the employee is paid a salary.
Businesses can be sued by employees for misclassification, unpaid wages and overtime or investigated by the Department of Labor. Businesses should consult with an employment lawyer to make sure their pay practices are set up correctly and not assume they are.
Karly Wannos, Esq., of the Wannos Law Firm, PA is an employment attorney in Florida. She helps companies comply with the employment laws through legal guidance, customized workshops and trainings and preparation of legal documents and employee handbooks.
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1. Legal Advice - Employment Law
The Wannos Law Firm, PA provides employment counseling and legal advice to clients in Florida. Please contact the firm for additional information on how we can help with you or your client's employment needs. Schedule a consultation.
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Karly has practiced employment law for 16+ years and has represented both employees and employers throughout the course of litigation, making her an effective and understanding mediator. Online Scheduling and Quick Availability.
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The Wannos Law Firm, PA provides prompt, independent and efficient workplace investigations in response to employee complaints of harassment, discrimination, retaliation and serious policy violations. Schedule a call to discuss how we can help.
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