Overtime Attorney in Fort Lauderdale
Handling Complex Overtime Wage Disputes & Rights Violations throughout the State of Florida
In Florida, nonexempt employees are entitled to receive overtime pay of one and a half times their normal rate per hour when they work more than 40 hours in one week. This right, outlined in the Fair Labor Standards Act (FLSA), is granted to all employees that do not meet one of the approved exemptions (listed below).
USA Employment Lawyers assists clients who have had their right to overtime wages violated by an employer. If you know or suspect others have experienced this violation, our skilled attorneys can determine if you may have a class action lawsuit. We can help you fight to secure all of the wages owed for extra hours worked. We are here to answer your questions and address your concerns, all while providing you with the personalized service and innovative legal solutions you deserve.
Miscalculations of Overtime for Sales Representatives
Sales representatives are often paid by an hourly rate plus a commission. Very often they are entitled to overtime pay of time-and-a-half wages for all hours worked in excess of 40 in a given week. Unfortunately, many salespeople are not getting paid proper overtime wages in commission-based industries.
The law requires companies to calculate overtime wages by adding ALL of the money earned for the entire workweek, which means they must include most commissions or bonuses earned when calculating the hourly rate used to determine proper overtime pay.
For example: If a salesperson or customer service representative gets paid a standard rate of $14/hour, works 50 hours in a week and earns an additional $200 in non-discretionary commissions or bonuses, their correct overtime wage should be calculated as follows: $14 x 50 hours = $700 + $200 = 900 divided by 50 hours = $18/hour regular hourly rate. Because overtime wages must be calculated at 1.5 times the employee's regular hourly rate, the employee’s proper overtime wage rate during this particular workweek is $27/hour. Many companies would incorrectly pay $21/hour ($14 x 1.5) for overtime because they fail to include non-discretionary bonuses and commissions to calculate the proper regular hourly rate and overtime wage rate.
It is a very complicated process and many employers are not following all of the steps to pay their sales representatives and customer service representatives correctly. If you think you are not being paid the right overtime wages, contact us today.
Who Is Not Entitled to Receive Overtime?
Generally speaking, employees who work more than 40 hours per week are entitled to receive time and a half (or one and a half times the employee’s regular pay rate) for every hour of overtime worked. However, this does not apply to exempt employees, including most white collar workers.
Examples of exempt employees include:
- Salaried executive employees who make at least $35,568 a year
- Administrative employees who earn a salary of at least $35,568 a year
- Professional employees who earn a salary of at least $35,568 a year
- Salaried computer-based employees who earn at least $35,568 a year
- Outside sales employees who regularly work outside of the employer’s place of business
- Highly compensated employees who earn at least $107,432 a year
For each of these exemptions, additional requirements may apply. For example, to meet the executive employee exemption, the employee’s work duties must include management of some aspect of the business and he or she must be in charge of at least two employees. Additionally, the exempt executive employee must have the ability to hire or fire employees and/or make recommendations for hiring and firing. An exempt professional employee, meanwhile, must be considered a “creative professional” or a “learned professional,” amongst other requirements.
If you do not fall under one of the accepted overtime exemption categories, your employer must pay you overtime any time you work more than 40 hours in a week. If you believe your overtime rights have been violated, contact one of our Fort Lauderdale lawyers today.