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The Longo Firm P.A.

Unpaid Overtime

Is It Illegal To Not Pay Overtime In Florida
  • By: Micah Longo, Esq.
  • Published: March 20, 2024

Is it unlawful to not pay overtime after 40 hours? Can my job do this legally? Generally, the Fair Labor Standards Act (FLSA) demands employers pay overtime to workers who clock more than 40 hours per regular work week. To win an overtime claim, a worker must prove that (1) they are employed by the defendant and (2) the defendant failed to pay overtime wages. A worker’s regular rate is the keystone of the overtime law. Because a worker’s overtime rate must equal at least one-and-a-half times their regular rate, a worker’s overtime rate depends on their regular rate; properly determining that rate is, therefore, of prime importance. A worker’s regular rate refers to the hourly rate paid to the worker for the normal, non-overtime workweek for which they are employed. The regular rate is…Read More