Is It Illegal To Not Pay Overtime in Florida?
What Do Florida Labor Laws Say About Overtime?
In the United States federal law, it states that all employees who are non-exempt are entitled to overtime pay of time-and-a-half for all and any hours worked that exceed a 40-hour workweek. That means that non-exempt employees in the state of Florida must be paid for any overtime work. Not paying an employee the overtime that they rightfully deserve is therefore illegal in the state of Florida, as well as throughout the United States.
While there are still no specific Florida labor laws governing overtime (regarding various forms of employment), the federal Fair Labor Standards Act or FLSA clearly indicates that the 'no overtime approved' policy being enforced by some employers is not, in any way, a valid reason to deny paying an employee the overtime compensation he or she rightly deserves.
The No Overtime Approved Policy: How It Can Be Abused
This policy is typically enforced to keep employees from working more than 40 hours in a workweek doing unauthorized work. However, Florida labor laws stipulate that employers cannot deny paying overtime compensation to their non-exempt employees for the sole reason that they have failed to secure a pre-approval notice to work overtime.
This is particularly true in cases where the following conditions are met:
- The employer encouraged employees to work unreported overtime.
- The nature of the job makes it impossible for the employees to meet their targets or quotas in a typical workweek (40 hours).
- The aggrieved party (employee claiming unpaid overtime) can produce evidence that the employer permitted them to render overtime work even if they have a policy for no overtime pay without prior approval.
- The employer knew or had reason to know that said employee has been working overtime but chooses to ignore the fact.
The no overtime approved policy has been widely used as an excuse by a lot of employers to avoid paying their employees for working overtime. If this happened to you, you can take your case to a competent labor and employment attorney to discuss your situation. From there, you will be given advice on how to proceed with your case to increase your chances of getting what should have been rightfully yours in the first place.
Remember, you have the right to receive overtime pay. Don't be afraid to fight for it.
To find out how you can hold your employer accountable for their unlawful actions, call Remer, Georges-Pierre & Hoogerwoerd, PLLC at (305) 416-5000 or contact us for a free consultation.
Image By: Greg Marshall