07/19/2021
The short answer is, it depends. ⬇️👀
Some Florida employers assume that if they put an employee “on salary,” as opposed to an hourly wage, that means they do not have to pay any overtime. This is a common misconception of the law. The mere fact that a worker is salaried does not, in and of itself, establish exempt status. The employer does not have to pay the overtime rate if the worker meets certain criteria, which is based on their actual job duties (the duties that they actually perform, not what is included on a job description).
Often times, we see employers providing a job description to employees which would include duties for exempt employees, but in actuality, the real job duties that the employee is performing are non-exempt. For instance, an employer might call an employee a “Manager” and provide a job description stating that their primary duty is to manage two or more employees. Yet, in actuality, the employee’s primary job duty is to manage the register and assist customers with orders – these types of duties could destroy the managerial exemption and make that employee entitled to overtime pay.
If you’re having trouble establishing these exemptions or simply have questions send us a quick DM or visit the link our bio 📲
