What is “Chinese overtime”?

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…

Can I get overtime if I am paid a 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…

Can I get overtime if I am paid a 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…

What does it mean to be exempt from overtime under the FLSA?

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…

Can my employer fire or punish me if I make a claim for my unpaid wages?

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…

How long do I have to file a lawsuit for unpaid wages and overtime?

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…

Does the FLSA require my employer to pay me for meal breaks and rest periods?

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…

Can my employer make me work overtime?

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…