Classifying employees correctly and paying them appropriately is the responsibility of the employer for whom they work. That said, many employed throughout the state of Florida are not being compensated as the law dictates. In fact, they are being underpaid. They should be receiving overtime pay for hours they work in excess of forty per week.
In some cases, employers and human resource departments have simply made mistakes while classifying their workers. In others, the misclassification may be deliberate and strategic. Not paying overtime to individuals working those hours can improve a company’s bottom line by decreasing their expenses. And, in business, profitability matters.
If you believe you are not being compensated appropriately with regard to overtime pay, the assistance of an employment attorney can be incredibly helpful.
These professionals can review your job description, your salary, and your actual duties in order to determine if your earning structure is correct. Contact the Feldman Legal Group to speak with an overtime claims lawyer today at 877-946-8293 for more information on your specific situation.
Managers and Supervisors Overtime: Questions Regarding Their Pay
It’s not surprising that questions regarding overtime pay, eligibility, and classification frequently arise. Titles and responsibilities differ from organization to organization. Additionally, overtime eligibility is based on a number of factors, not one single thing.
Are Supervisors Entitled to Overtime Pay?
Titles can be misleading. This fact is abundantly clear when the job title in question is that of supervisor. The term, in and of itself, seems to refer to a management position – one that many, including a substantial number of organizations, believe would not be eligible for overtime pay. However, this is untrue.
In fact, there are situations in Florida in which the answer to the question “do supervisors get paid overtime” would be a resounding yes.
Understanding whether or not you, as a supervisor, are eligible for overtime requires determining if you are accurately classified as an exempt or nonexempt employee. If you are deemed to be non-exempt, then you are eligible for overtime. Your title as a supervisor alone is not the determining factor.
Those who work in a true supervisory capacity may not be entitled to overtime pay. Some of their responsibilities include:
- Determining employee schedules
- Hiring and firing workers
- Managing others (at least two people) for the majority of their work time as determined by law.
Additionally, true supervisors who are not eligible for overtime are salaried and are not docked hourly pay for time missed at work. However, if you do carry the title of supervisor, but spend the majority of your day doing more hands-on type tasks, not managing others, then you may be entitled to receive compensation for your overtime. Speaking with a Florida labor attorney who is well-versed in overtime pay law can provide additional clarity regarding your situation.
Are Managers Exempt from Overtime?
Many employees both in Florida and across the country have been told by their employers that they are not eligible for overtime because they are managers. In certain instances, this statement is accurate. But, once again, titles alone cannot be used when determining overtime eligibility.
The rules here are similar to those applied to supervisors. Whether or not you should be paid overtime is based on multiple factors, not simply what you are called.
Thus, there are many cases where those who are managers are paid overtime. One question that frequently arises in this situation is “how many hours is overtime for managers?” These individuals are entitled to overtime for hours worked in excess of 40 a week. That said, it is important to understand how overtime is calculated. It is based on a week’s worth of work, not a day. To clarify, if you work 40 hours one week, but on one day work 13 hours you cannot earn overtime pay on the extra hours you worked on that specific day.
Florida Overtime Pay Laws
Knowledge is Power
In Florida and across the country, many employees rely upon their human resources department to provide them with correct information regarding their rights, especially when it comes to their wages and salary structures. While many companies adhere to the law and both classify and pay their employees as dictated, some do not. In fact, questions and even lawsuits regarding this issue arise quite frequently.
It is important that you, as an employee, understand the laws in Florida so you can ensure you are both classified and paid appropriately. You work hard and deserve to be compensated for the job you do.
Fair Labor Standards Act (FSLA) Protects Workers in Florida
Employers in Florida are required to comply with the laws specified under the Fair Labor Standards Act. This national labor law, which was originally adopted in 1938 is responsible for providing the right of certain workers to earn overtime pay for hours worked in excess of 40 per week.
Hourly employees (with some exceptions) should be paid at least Florida minimum wage, which has been adjusted by a law recently. Overtime hours in excess of 40 worked during a single time period would be paid at time and one-half. So, if your hourly wage is $20.00 per hour, for each hour over 40 during your weekly time period you would earn $30.00.
In order to be eligible to receive overtime, you must be classified as a non-exempt employee. This means that you are entitled to both minimum wage and overtime pay.
Misclassification of Managers, Supervisors, and Team Leaders
Over the last several decades, one well-known large company after another has had to modify its pay practices and payout many millions of dollars in overtime wages for misclassifying their workers as exempt from overtime wages. Quite often these individuals are working under such job titles as: ”assistant manager,” “shift manager,” “shift supervisor,” “team leader,” “department manager,” or “unit manager.”
A job title has no bearing on whether the employee is entitled to overtime wages or classified as exempt under the Fair Labor Standards Act (FLSA).
In fact, overtime eligibility is determined by a number of factors including your job description, wages, and your day-to-day duties. Generalizations can be confusing, as the law provides for exceptions to many of the determinants. Misclassifications that can lead to the denial of overtime earnings are commonplace and should be addressed.
Salaried Positions and Overtime Pay
One of the most popular explanations certain employees receive when they inquire about overtime pay is “you are not eligible because you are salaried”. This is simply not true. Like job titles, the treatment of an employee as a salaried employee, or paying an employee a salary, is irrelevant and has no place in determining whether the employee is exempt under the FLSA. Thus if you receive a salary, this fact has no basis on whether you are legally entitled to be paid overtime wages.
Feldman Legal Group Protects Those Who Work In Florida
We Are Experienced in Overtime Pay Lawsuits
The Feldman Legal group is committed to protecting the rights of workers in Florida. With over 20 years of experience and in-depth knowledge of both state and federal law, we have helped countless individuals with issues regarding their employment, including overtime pay.
When working with us we can help you to determine if you actually have a case as well as how to move forward. Working with caring and qualified professionals is the best choice when pursuing compensation issues with your employer.
Are You a Manager or Supervisor Who Was Denied Overtime Pay?
Do you believe that your employer is incorrectly withholding overtime wages? If so, the advice and counsel of an experienced employment lawyer can prove quite valuable. These professionals understand the complex law surrounding overtime eligibility and can review your situation to determine if you truly have been short-changed.
Remember, under the law, titles don’t matter. Thus, assistant managers or shift supervisors whose primary duty is not management, or who do not regularly supervise the equivalent of two or more full-time employees each and every week, may be eligible for overtime wages for all hours worked.
If you have worked under one of these job titles with limited discretion, limited decision-making authority, or do not routinely supervise 2 or more full-time employees or the equivalent each week, then you may want to contact us at 877-946-8293.
We believe that each individual is entitled to appropriate pay for the job they do and will fight aggressively, on your behalf, to ensure you are compensated correctly.