Rolnick & Netburn, LLC - Miami / Fort Lauderdale Area - Employment Attorneys - Labor & Employment Law

Unpaid Overtime and Minimum Wages

The Federal Fair Labor Standards Act (the "FLSA") requires most employers to pay their employees at the rate of time and one-half (1½) times their regular hourly rate when those employees work more than forty (40) hours per week. This may include employees who work forced, mandatory overtime as well as employees who simply work "off the clock." If an employer knows or reasonably should know that covered employees are working more than forty (40) hours per week; those employees should probably be paid overtime. Many employers wrongly believe that paying their employees a weekly salary rather than on an hourly bases will, in and of itself, make that employee exempt (not-covered) by the FLSA. Even if a covered employee receives a salary, (unless that employee is actually performing certain types of specified job duties that would render them "exempt"), they are entitled to receive overtime.