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Exempt employee in Florida

Lakeland, FL |

I'm a supervisor for a local insurance company in Lakeland with lots of responsibilities. However, now the company wants us to dedicate 4 hours of our time to answer the phones (which is outside the scope of our work) and the rest of the time to perform our normal duties which is not enough time for us and therefore, we must work overtime to complete our assigned task. Needless to say that we already have to work overtime in order to complete our work. Is it legal for employers to make employees do whatever other work outside their normal duties, obligating you to work overtime in order for you to complete your actual work?

Attorney Answers 2


The fact that they are making a "supervisor" now perform non supervisor jobs may remove any exemption from overtime that they may have had for you under the Fair Labor Standards Act (FLSA). You may now be owed overtime. For more information, feel free to check out our employee rights blog at

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Florida employers are required to pay overtime unless the employee is an exempt salaried employee under the FLSA. Overtime is calculated as one-and-a-half times the employees' regular hourly rate. The overtime rate applies to any hours worked beyond a 40-hour weekly threshold. Based on Florida's minimum wage, the minimum overtime rate is $10.88 per hour in Florida, as of 2010. Overtime rates are required whether overtime is mandatory, incidental or when an employee works "off the clock."

In Florida, any employee who qualifies for exempt status under the federal Fair Labor Standards Act , or FLSA, is an exempt salaried employee. Exempt salaried employees are not eligible to receive the otherwise required overtime pay. To qualify as an exempt salaried employee, the employee must make more than $455 per week. He or she must also be employed in an occupation that does not primarily involve manual labor. Executives, managers, outside sales persons, professionals and employees who work in an administrative capacity are common examples or exempt salaried employees.

You should consult with an attorney and review what kind of work you do and whether you would be considered an exempt employee.

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