Legal Question in Employment Law in Florida
Non-Exempt Salaried Empoyee
If you are a non-exempt employee, who is also salaried, what are the laws about overtime pay?
Specifically - I thought you are paid 1.5 times your normal hourly salary (for example: if you had a $30K per year salary, your hourly rate would be $14.42, and your overtime rate would be $21.63). I have just been told that if you are non-exempt, but salaried, you are only paid .5 of your salary (for example if you use the same yearly salary, now you are only being paid $7.21 per hour).
1 Answer from Attorneys
Re: Non-Exempt Salaried Empoyee
An exempt employee is paid a salary and receives the same amount regardless of how may hours are worked. Non-exempt employees must be paid over time for every hour or part of an hour worked in excess of 40 hours per week at time and a half. Paying such an employee the regular pay plus 1/2 of their hourly rate for hours worked in excess of 40 hours per week would be a violation. If you want to discuss this issue in more detail please send me an e-mail.
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