I work as a security officer in Florida.

Under Florida Statute 493, it is illegal for us to leave our posts without being relieved by another officer. It’s considered abandonment of post and we could lose our license for it. We’ve had some management changes lately, and the new manager regularly doesn’t schedule anyone to relieve us. We’re left on duty for hours after our scheduled shift has ended while she tries to find someone to come relieve us. I’m basically being held hostage at my job by the threat of losing my license. Is there anything I can do?

Asked on September 20, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The bad news is, there really isn't anything you can do to force the manager to be more responsible and to make sure you are relieved on time. The good news, of course, is that all the extra time is compensible work time and you must be paid for it; and if you work more than 40 hours in a week, including due to the failure to schedule a relief, you must be overtime. It doesn't matter if the time is after your official shift: work time is work time, and must be paid.


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