Questions About Unpaid Overtime and Wage Violations Answered by Pensacola Wage and Hour Attorneys

Below are answers to some frequently asked questions in the area of wage and hour law, which may help guide you if you are unsure whether you are receiving the proper amount of wages in your position. If you feel you are being denied overtime pay or the proper wage rate, contact the Law Offices of J.J. Talbott in Pensacola. Our attorneys help workers throughout the Florida panhandle and southern Alabama receive the wages they are entitled to.

My job description classifies me as an exempt employee. Does that make me exempt?

Not necessarily. What matters is whether the job duties which you actually perform meet the criteria for exemption from overtime. There are different tests which apply to the exemptions for executive, administrative and professional employees, outside sales people, and workers in certain computer positions. Don’t rely on your job description or your boss’ assurances. If in doubt about your exempt status, contact our office for a free case review.

Am I exempt from the overtime requirements if I’m paid a salary instead of hourly?

Not necessarily. This is a common misconception held by employees and their employers. It is true that in order to fall under one of the white collar exemptions as an executive, administrative or professional employee, you must be paid on a salary basis of at least $455 per week. However, there are other requirements in addition to the salary basis test. For each category of exemption, the employee must meet certain criteria to be exempt. See our page on Overtime Exemptions for more information.

My restaurant imposes an automatic 15% gratuity on parties of seven or more. Does that amount count as a tip?

Even though it may be called a gratuity, this required amount is a service charge and not a tip. These charges become part of the employer’s gross receipts and are not counted as tips received, even when they are paid over to you by your boss. The money paid to you can go toward your employer’s obligation to pay you the minimum wage, but it is not counted when determining whether you receive enough money in tips to be considered a tipped employee under the Fair Labor Standards Act (FLSA).

Can my employer deduct the credit card service charge from my tip when the customer pays with a credit card and puts the tip on the card?

Yes. The law does allow the employer to make this deduction. So, for example, if the credit card company charges 3% of the total amount of the transaction, your boss can withhold 3% of the tip and only give you 97% of the tip amount.


Do you still have questions? Call us today at 850.437.9600 for a free consultation.

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