Florida Injury and Employment Attorneys

What to Remember: Tips about FLSA

March 29, 2016

Our Orlando overtime attorneys remind clients of several key points when it comes to the Fair Labor Standards Act. FLSA sets minimum wage for all workers according to federal, state and local laws. As of July 24, 2009, nonexempt workers must be paid at least $7.25 per hour. If that employee works over time, then the employer must pay him or her at least one and one-half times the regular pay for any hours over 40 during the workweek.

Exempt or Nonexempt

The FLSA labels employees as either “nonexempt” or “exempt.” Nonexempt employees are eligible for overtime pay and include all employees below the minimum threshold of $23,600 although employees who earn above that rate area are also included in many cases. Exempt employees are not eligible for overtime and instead are paid a salary. They include those who supervise two or more other individuals and those who earn more than $100,000 annually. Inside sales employees are usually nonexempt while outside sales employees are considered exempt. In addition to how much an employee earns, a person’s status also depends on how he or she is paid and what kind of work he or she does.

Overtime Laws

Our Florida employment litigators thoroughly understand the complex laws that cover labor and employment in this nation. Employees are sometimes subject to discrimination, abuse or harassment regarding their work schedules. They might not receive overtime pay because employers do not know the laws and end up violating them, resulting in employment lawsuits. Companies need to adhere to the guidelines found in the FLSA. Overtime laws apply to any nonexempt employee, 16 or older, and the FLSA does not place a limit on how many hours these employees can work. Our Orlando overtime attorneys can explain how these laws might affect you if you were not paid overtime for work that you did.

Exempt Employees and Rights at Work

According to FLSA, exempt employees do not have rights related to overtime. Since these employees are nearly always salaried positions, they are entitled to their base salary as long as they work their agreed upon hours and perform their job duties. Exempt employees might still need to work a specific schedule, work mandatory overtime, punch a time clock and make up any time that they are not at work. Even so, employers do not have complete control over exempt employees, who have other rights afforded to them under different laws or in a contract or via a company policy.

Exclusions from FLSA

Some jobs, such as movie theater employees and agricultural workers, fall completely outside of the parameters of FLSA coverage, and overtime does not apply to these positions. Other jobs fall under different federal guidelines, such as truck drivers, who are under the Motor Carriers Act, and railroad workers, who are under the Railway Labor Act.

Call Our Orlando Overtime Attorneys

For additional guidance in a labor and employment case, contact our seasoned Florida employment litigators from Florin Gray Bouzas Owens, LLC.

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