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Florida law regarding salaried employees

Miami, FL |

Upon hiring as a salaried employee I was required to work 55 hours a week. In actuality I am working 65-75 hours a week and often required to work 14 to 16 hour days pending on staffing issues. This causes issues in maintaining my personal appointments and my family life. Is this legal and how many hours can my company require me to work as a salaried employee? please help!

Jacksonville, Florida: I am in a similar situation, on paper, salaried @ 45 hrs a week. In reality, required to work (and usually do) about 60-80 hrs a week. When I ask about extra staff or some relief, I am quoted "you are salary, you ARE the extra help/relief". I have been hearing from many different people that this is SO illegal. I would think it is, b/c the vacation pay is only for 45 hrs/wk, and we have to use sick time if we had to miss any work. Being a store manager of a pharmacy in a very bad neighborhood-being held up at gunpoint twice- the fact that they left me so understaffed, with other young women, up until 10pm and coming into the building alone at 6am, doesn't really make it seem any more fair. Can they do this?

Attorney Answers 2


  1. The answer depend son whether you are truly salaried. i would need to know your position with the employer and the duties required for your position. There are many cases where an employer hires a person as a salaried employee but under the Fair labor Standards Act, the person is not qualified as a salaried employee and can recover time and a half for their overtime worked. The look back period can be 2-3 years. Talk to an employment lawyer (wage & hour).


  2. See the above poster's answer. It is the federal Fair Labor Standards Act which governs overtime issues in FL, not Florida law.

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