Legal Question in Employment Law in Florida

Overtime for Salaried employees

My wife is a salaried employee and works well over 40 hours a week. The company policy is that salaried emplyees should only work 40 hours a week. In addition her normal days off are a Wed and a Sat but one weekend a month she has to work the whole weekend. Normally she would get Friday off til she had to come at 5 to make a 4 hour drive. Now her boss is making her come in on Friday for 2 hours sending her home and having her come back in at the normal time to drive to Miami (She knows its a 45 minute drive each way).

What I want to know is when is a company required to pay overtime for salaried employees. The only thing she can find in writing from the company manual is that salaried employees ''should'' only be work 40 hours a week. Nothing about overtime.

Asked on 8/30/08, 8:15 pm

1 Answer from Attorneys

Andrew Frisch Morgan & Morgan, P.A.
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Re: Overtime for Salaried employees

If your wife is salaried, the issue of when/if she is entitled to be paid for overtime is one regarding her duties actually performed. Regardless of the hours worked the overtime laws apply to only certain salaried employees. if you'd like to discuss this further feel free to call me at 1-888-OVERTIME. I regularly handle such cases on a contingency basis throughout the State of Florida.

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8/30/08, 11:02 pm

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