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.
Chinese overtime, also referred to as the fluctuating workweek, is a method of paying overtime to an employee when the employee works over 40 hours a week, without destroying some of the benefits of having the employee be an “exempt employee.” Under this method of paying overtime, the employer pays the employee a fixed salary…
The decision of whether you are entitled to overtime is not solely based on whether you are paid a salary, but it depends on whether you meet the requirements of the specific overtime exemption (administrative, executive, professional, etc.). Assuming that your job activities meet these exempts, then you still must be paid a salary of…
All employees are entitled to be paid overtime unless they fall within a specific overtime “exemption. Generally, there are three main exemptions – executive, professional, and administrative. If your position qualifies under one of these exemptions, then you are not entitled to overtime pay under the FLSA. However, it is not the job title that…
There is no requirement under the FLSA for the employer to pay you your final paycheck within a specific number of days. However, the FLSA does require the employer to pay an employee their last paycheck at the normal payday interval when other employees should be paid for that time. Additionally, we are routinely contacted by…
The Fair Labor Standards Act includes an anti-retaliation provision which forbids employers from taking adverse action against employees who attempt to enforce their rights under the FLSA (formally or informally). This means that if an employee files a lawsuit, inquires about, or complains about not receiving unpaid wages, and the employer takes adverse action against the…
The FLSA provides for a two-year statute of limitations for employees to seek payment for unpaid minimum wages and overtime pay (extended three years if the employer willfully violated the FLSA). This means that once the lawsuit is filed, the employee can “look back” for two (2) years (and up the three (3) years for…
Unfortunately, the Fair Labor Standards does not require employers to provide meal breaks or rest breaks for employees. Additionally, the State of Florida doe not require employers to provide these reset breaks. However, if the employer provides rest periods of 20 minutes or less, then these are generally considered hours worked and the employee should be paid…
The Fair Labor Standards Act does not require an employer to pay an employee “double time” or “time and a half” for working on holidays. Additionally, an employee is not entitled to additional pay under the FLSA for weekend or night work. However, an employer can separately contract with their employees to offer this additional pay.
Generally, an employer can require employees to work more than 40 hours in a workweek, and can even discipline or fire employees for refusing work over 40 hours. The FLSA does not establish the number of hours that an employer can require employees to work in a given week or day. Instead, the FLSA only requires the employer…
The FLSA requires that all “non-exempt” employees should be paid overtime for all hours worked in excess of 40 hours per work week. If you are entitled to overtime, the FLSA requires employers to pay overtime at a rate of no less than one and one-half times the employee’s regular hourly rate. There are some…