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Overtime requirements for salaried employees.

Miami, FL |

I am a full time salaried employee, but I do have to punch in and out every day I work, including punching out for lunch. What are the requirements, if any, for my employer to compensate me for any hours worked over 40 each week?

Attorney Answers 4


  1. Whether you are eligible for overtime is typically decided at least partly by what you do for the company. Look here for more info:

    http://www.minimum-wage.org/overtime/florida

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com


  2. I agree with my colleague. If you're not getting paid properly, you should consult an attorney.

    Andrew M. Bonderud, Esq.
    The Bonderud Law Firm, P.A.
    Office: 904-438-8082

    Andrew M. Bonderud, Esq. is an attorney with The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.


  3. Most employees are entitled to overtime for hours over 40. You may fit into an overtime exemption (meaning you don't get overtime), but that would depend the nature of your job duties. You should consult with an employment attorney.

    My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.


  4. As other counsel have pointed out, depending on your position the employer may have misclassified you. Having someone clock in and out is not a requirement when they are exempt from overtime, but it is not prohibited either. I recommend you speak to an attorney and share more facts about the situation. My office can assist if you wish.

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