If my employer continually works us overtime 1 or 2 days and then sends us home early the next to save the overtime pay, is that legal?

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If my employer continually works us overtime 1 or 2 days and then sends us home early the next to save the overtime pay, is that legal?

Asked on April 17, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it is legal. Overtime in Florida (and most states) is based on hours worked during a work week, and has nothing to do with hours worked on any given day. So long as you do not work more than 40 hours in a work week, you are not eligible for overtime, even if you worked very long hours on one or two days. Employers are allowed to set or adjust employee work hours at will, so long as there is no employment contract which sets hours; therefore, the employer is free to modify your hours in order to keep you under the 40-hour-per-week overtime threshhold.


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