Florida Overtime Laws – Working an Overnight Shift
Written on July 29, 2010 by admin
Filed Under: Labor Law
Many people work hours that are outside of the traditional Monday-to-Friday “9:00 to 5:00″ job. People who often do this include health care workers, factory shift workers, and those in the retail or transportation fields as well employees in various other fields. The state of Florida follows the guidelines of the Fair Labor and Standards Act (FLSA). While employers are not required to pay their employees additional wages for overnight work, workers may find that wages can be higher on overnight shifts due to shift differentials. Regardless of the compensation arrangements made between an employee and employer for overnight shifts, non-exempt workers who work more than forty hours in a work week must be paid overtime in Florida.
The Fair Labor Standards Act (FLSA) was passed in 1937 and remains one of the primary laws dealing with overtime in the U. S. The FLSA was adopted in order to set wage standards and guidelines for employers. The state of Florida requires employers to follow these regulations when it comes to paying overtime for their employees.
Overnight shift workers are defined (in general) as those employees that work between 11:00 p.m. and 6:00 a.m. Employees who work three or more hours during this time frame are considered to be overnight workers. These types of workers are increasing due to the prevalence of all-night convenience stores and retail centers, supermarkets, etc. Overnight shift workers often prompt the monitoring and/or enforcement of the FLSA wage laws which mandate that any nonexempt employee be paid one-and-one-half time their regular pay rate for hours worked beyond a forty hours work week. This is due to the common misconception that people who work overnight shifts are always entitled to overtime pay.
Consult a Florida overtime attorney if any of the following apply to you and you are a non-exempt employee who works the overnight shift:
If you think you may be owed Florida overtime pay, don’t wait to consult with an attorney! The FLSA only permits an employee to recover up to two years of unpaid back wages (possibly three years if the employer’s violation is found to be wilfull). You could be losing valuable time with every day that passes.
If you have a question or need information on South Florida overtime wage claims, contact Florida overtime attorney Joseph M. Maus at 1-866-556-5529 or email him today for a free consultation.. The Law Office of Joseph M. Maus and Associates has handled some of the largest Florida overtime wage claims. Attorneys in their offices were recently appointed in Federal Court as lead counsel in an Overtime Class Action against a large Fortune 500 Company.
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.