Overtime Pay Calculations Law in Florida for Employers
Serving You and The State of Florida
Operating a business in Florida can be complicated in so many ways. There are lots of laws and regulations that you need to keep straight, and it can be hard to find an experienced HR person to make sure that your employee payroll is being handled correctly. Mistakes with employee pay can be costly, however, and it is never a good idea to just hope for the best when it comes to paying your staff.
There are various federal laws that govern overtime pay and Florida typically follows the guidelines set out by the federal government when it comes to these regulations. If you employ regular hourly staff, you need to know how these rules for compensation work so that you can be sure that you are paying your staff correctly. If you are sued for incorrect overtime pay calculations, you will want to reach out to the team at Lopez Law Group right away. We can help you to seek a fair and equitable resolution to these disputes because we have years of experience in these kinds of cases.
What is the Overtime Pay Law?
The state of Florida follows the same laws as the federal government when it comes to overtime pay. Those who work hourly jobs and exceed forty hours in any given work week are due overtime pay. This compensation is usually paid out at one and a half times the regular hourly rate. These guidelines are set by the Fair Labor Standards Act (FLSA).
Overtime pay is not due to other kinds of employees who receive commission pay or who are exempt. Jobs that are not scheduled on a regular basis, such as hours from 9 to 5, for example, are usually not due overtime pay. There are some instances where this is not the case, but these exceptions are few and far between.
You can see why it is so important that you work with a skilled HR team. The rules and regulations about this kind of pay are not always clear cut and it can be really hard to determine the status of some staff members depending on their job roles and duties. These kinds of jobs that are not clearly defined are often the cause of lawsuits related to incorrect pay.
How Does This Impact Employers in the State of Florida?
There are various legal ramifications that can come home to roost when employers are not aware of the correct way to pay their employees. There are various kinds of problems that employers can run into, even in situations where an employee works a standard hourly job. This can happen when a staff person does not work a consistent schedule, and no one tracks their hours. These employees might still be due overtime pay, but it is critical to track the working hours of these people.
Another area where there can be misunderstandings are employees who earn regular pay on top of commission. Most of these staff members are not owed overtime, but there can be exceptions to this rule. Working with a skilled legal team can make all the difference in determining the correct payment schedule for these team members. The team at Lopez Law can help you to be sure that you are paying people the right way. This is often the best way to avoid legal issues regarding pay as well.
Who is Eligible for Overtime Pay in Florida?
In Florida, non-exempt staff are hourly employees who meet the following requirements:
- Earn under $684 a week or less than $35,568 a year
- Are supervised by other people who are considered to be managers or higher-ups
- Have repetitive job tasks
- Physical job responsibilities
Salaried professionals very often do not get overtime, and executives and professionals of various kinds will also usually be ineligible for overtime. Independent contractors are also not owed overtime because they are not technically employees. Tipped employees usually do qualify for overtime but might work flexible hours that never get close to the forty hours a week necessary to qualify for overtime pay.
Florida does not over daily overtime pay. There are various states that do, and sometimes staff who have come from these locations will incorrectly believe that they are due daily overtime pay. A skilled legal team can make sure that employers do not pay out overtime to people who are not owed this pay.
Florida employers are not required to offer vacation days or vacation pay to staff. However, if the company does offer a vacation pay policy, it must be adhered to by law. The same can be said for breaks in the state of Florida. Companies that offer paid breaks cannot change their mind and take away these paid breaks without also changing the policy related to hourly pay.
Working With a Skilled Legal Team Matters
If your Florida business has been sued for incorrect overtime pay, you need to seek the support of a skilled employment lawyer right away. The laws related to overtime pay can be complex and you should never agree to pay out overtime hours to staff unless you are sure that they are due this compensation. The team at Lopez Law Group has years of experience working on cases related to non-exempt employees as well as pay disputes of various kinds. We can also ensure that your compensation to your employees is correct and help you define employee compensation per the letter of the law.
Working with a skilled HR team is key, but if you are not certain that your payroll is being handled correctly, getting a legal expert involved is the right step to take. The team at Lopez Law Group can ensure that you are paying staff correctly, and we can represent you if legal action is taken against your business related to incorrect overtime pay. While FLSA guidelines do make some parts of the overtime pay laws clear, there are many exceptions to these rules. Contact us today for a consultation and let us represent your case related to incorrect overtime pay.
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