Can i collect upaid overtime if they did not pay me time and a half?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can i collect upaid overtime if they did not pay me time and a half?
I have worked between 40 and 60 hours for the past 6 months for new owners of a restaurant I was managing. The first few months they owned the business I got a check for 40 hoursand cash overtime at minimum wage. I then got a promtion and was put on salary for about 2 months. With the decline of the business I was put back on hourly wages. Once again getting a check for 40 hours and cash 8.05 for the rest. I have done some research and now see I was supposed to get time and a half for overtime. I recently quit my job because they cut my hours to under 40 and cut my wages again so I am no longer employed by them.
Asked on January 8, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are correct: if you not exempt from overtime--which means whenever you were hourly; and also very likely when you salaried, unless your salary exceed around $23,000 per year *and* you met one or more of the tests for exemption found on the U.S. Department of Labor website under the heading of "overtime" (and I doubt very much that your job duties did meet any of those tests)--you must be paid overtime whenever you worked more than 40 hours in a week. And overtime for an hourly employee is time-and-half (it's a little more complicated to calculate it for non-exempt salaried staff). You can potentially get upaid back overtime for the last two years: contact your state's department of labor to file an overtime complaint.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.