What to do if not being paid overtime?

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What to do if not being paid overtime?

I am an hourly, non-exempt employee but I am not being paid overtime. Also, I drive a company vehicle and they dock me a 1/2 hour pay in the morning and 1/2 hour pay in in the evening because they allow me to drive the car home. Is this legal?

Asked on November 5, 2010 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Florida state law follows the federal Fair Labor Standards Act in compensating employees for overtime work. This federal law provides employees with a wage equal to 1.5 times their normal hourly pay rate for all hours worked beyond 40 per week. The law applies to hourly employees like yourself.  A regular or normal work week cannot be more than 40 hours so if you are working over that then you are entitled to overtime pay. There is no overtime compensation for weekend or holiday hours unless you go over the 40-hour threshold. In other words, your regular work week can include the weekends.  As for the issue of the docking of the pay and the car, I too, think that there is something not right about it.  I would contact the Department of Labor in your area on these matters.  Good luck. 


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