| Many people work hours that are outside of the | | | | your employer combines two or more weeks on |
| traditional Monday-to-Friday "9:00 to 5:00" job. | | | | a paycheck. For example, some employees get |
| People who often do this include health care | | | | paid bi-weekly or semi-monthly which means an |
| workers, factory shift workers, and those in the | | | | employer may refuse to pay overtime for the |
| retail or transportation fields as well employees in | | | | first week at, for example, 45 hours when the |
| various other fields. The state of Florida follows | | | | second week is less than 40 hours because they'll |
| the guidelines of the Fair Labor and Standards Act | | | | combine the two to get a total of 80 hours or |
| (FLSA). While employers are not required to pay | | | | less. |
| their employees additional wages for overnight | | | | 2. Meetings or training - if you are required to |
| work, workers may find that wages can be | | | | attend a meeting or do some training outside of |
| higher on overnight shifts due to shift differentials. | | | | work hours, you may be entitled to Florida |
| Regardless of the compensation arrangements | | | | overtime wages. |
| made between an employee and employer for | | | | 3. Unpaid breaks or working through lunch - you |
| overnight shifts, non-exempt workers who work | | | | may be owed overtimeif your employer does not |
| more than forty hours in a work week must be | | | | pay you for breaks of more than 5 minutes and |
| paid overtime in Florida. | | | | less than 20 minutes or if you are required to |
| | | | | clock out for lunch, but must complete |
| The Fair Labor Standards Act (FLSA) was passed | | | | work-related duties during your lunch break. |
| in 1937 and remains one of the primary laws | | | | 4. Pre-approval of overtime - do you need to get |
| dealing with overtime in the U. S. The FLSA was | | | | approval before working overtime? If your |
| adopted in order to set wage standards and | | | | employer will not pay for unapproved overtime |
| guidelines for employers. The state of Florida | | | | even if you work the extra hours, you may be |
| requires employers to follow these regulations | | | | able to get Florida overtime wages. |
| when it comes to paying overtime for their | | | | 5. On call - if you are required to be 'on call' and |
| employees. | | | | must report to work on short notice, you may |
| Overnight shift workers are defined (in general) as | | | | be entitled to overtime pay. Also, if you are |
| those employees that work between 11:00 p.m. | | | | required to check your company Blackberry or |
| and 6:00 a.m. Employees who work three or | | | | PDA, or answer emails or texts after work hours |
| more hours during this time frame are considered | | | | you may be entitled to overtime pay.. |
| to be overnight workers. These types of | | | | If you think you may be owed Florida overtime |
| workers are increasing due to the prevalence of | | | | pay, don't wait to consult with an attorney! The |
| all-night convenience stores and retail centers, | | | | FLSA only permits an employee to recover up to |
| supermarkets, etc. Overnight shift workers often | | | | two years of unpaid back wages (possibly three |
| prompt the monitoring and/or enforcement of | | | | years if the employer's violation is found to be |
| the FLSA wage laws which mandate that any | | | | wilfull). You could be losing valuable time with |
| nonexempt employee be paid one-and-one-half | | | | every day that passes. |
| time their regular pay rate for hours worked | | | | If you have a question or need information on |
| beyond a forty hours work week. This is due to | | | | South Florida overtime wage claims, contact |
| the common misconception that people who work | | | | Florida overtime attorney Joseph M. Maus at |
| overnight shifts are always entitled to overtime | | | | 1-866-556-5529 or email him today for a free |
| pay. | | | | consultation.. The Law Office of Joseph M. Maus |
| Consult a Florida overtime attorney if any of the | | | | and Associates has handled some of the largest |
| following apply to you and you are a non-exempt | | | | Florida overtime wage claims. Attorneys in their |
| employee who works the overnight shift: | | | | offices were recently appointed in Federal Court |
| 1. Combining work weeks - if you work more | | | | as lead counsel in an Overtime Class Action |
| than 40 hours in a week, you should be paid for | | | | against a large Fortune 500 Company. |
| overtime in the week that you worked it, even if | | | | |