Can i collect upaid overtime if they did not pay me time and a half?

UPDATED: Sep 30, 2022

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Can i collect upaid overtime if they did not pay me time and a half?

I have worked between 40 and 60 hours for the past 6 months for new owners of a restaurant I was managing. The first few months they owned the business I got a check for 40 hoursand cash overtime at minimum wage. I then got a promtion and was put on salary for about 2 months. With the decline of the business I was put back on hourly wages. Once again getting a check for 40 hours and cash 8.05 for the rest. I have done some research and now see I was supposed to get time and a half for overtime. I recently quit my job because they cut my hours to under 40 and cut my wages again so I am no longer employed by them.

Asked on January 8, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are correct: if you not exempt from overtime--which means whenever you were hourly; and also very likely when you salaried, unless your salary exceed around $23,000 per year *and* you met one or more of the tests for exemption found on the U.S. Department of Labor website under the heading of "overtime" (and I doubt very much that your job duties did meet any of those tests)--you must be paid overtime whenever you worked more than 40 hours in a week. And overtime for an hourly employee is time-and-half (it's a little more complicated to calculate it for non-exempt salaried staff). You can potentially get upaid back overtime for the last two years: contact your state's department of labor to file an overtime complaint.

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