Is it legal if I work for a security company as a supervisor and per contract terms, my rate is set at $13 hour but now my company says that my overtime rate is less than my $19.50?

Is this allowed?

Asked on December 9, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, that is not legal. If you have a contract, that specifies your base rate; and overtime is at least 1.5 times your base rate (time-and-half) for all hours worked past 40 in a week. ("At least" because your employer could voluntarily choose to pay more.) If you are being paid less than 150% of your base rate for overtime, your employer is violating the law (e.g. the Fair Labor Standards Act or FLSA) and you could contact the labor department to raise a wage and hour complaint.

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