Am I entitled to over time pay? Florida law

Asked over 1 year ago - Vero Beach, FL

I get paid every 2 weeks . I had 8 hours PTO and it my companies policy that if I do have PTO time and I take a day off I must use my PTO . We are also at mandatory overtime . on this paid period I worked 1 week 37 hours and took off 1 day , so they added my 8 hours PTO . Now they are trying to pay my 45 hours straight time . ( 37 + 8 PTO ) and said I am not entitled to over time pay . is this legal ?

Additional information

my manager had assured me that the company was going to pay me overtime but pulled me into her office apologizing and crying to me that she was wrong, and that stated above is companies policy

Attorney answers (3)

  1. Arthur Thomas Schofield

    Pro

    Contributor Level 14

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    Answered . If you worked, actually worked, less then 40 hours, none of the 45 hours will be paid at an overtime rate. If I understand the facts correctly, you worked 37 hours in 4 days; did not work a 5th, but were paid for the 5th by using 8 hours of PTO. In that scenario, not overtime pay is owed.

  2. Heather Morcroft

    Contributor Level 20

    2

    Lawyers agree

    Answered . PTO is not work time. You worked 37 hours, not 45.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  3. Carlos V. Leach

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Unfortunately only hours actually worked within a workweek count towards overtime requirements.

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