Can an employer stop your hours at 40 so as to not pay overtime?

I am transitioning into a full-time
position at my workplace not salaried
and my employer has told me that if I
go over 40 hours they will cut my time
so that it remains at 40. Is this
legal,and if not what should I do about
it? I want to get paid for all the
hours that I work. If it makes a
difference I live in Florida. Thanks.

Asked on May 4, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is perfectly legal for an employer to not let you work more than 40 hours: employers, not employees, set work hours. So if you hit 40 hours, they can tell you "that's it for this week" and not let you work more.
However, if they do let you work more than 40 hours in a week, you must be paid for *all* hours worked, including overtime when applicable (i.e. for all time over 40 hours). If they don't pay you for all hours worked and overtime when applicable, they are violating the wage and hour laws (e.g. the Fair Labor Standards Act, or FLSA); you could contact the department of labor to file a wage complaint for the unpaid wages/overtime.


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