My question involves labor and employment law for the state of: Florida
Part of my duties were to distribute electronically the weekly approved payroll. In Sept 2017 on a Tuesday I decided to quit and processed my overtime.* The owner stated I was the Controller and didn't have the right/entitlement to process my overtime and had me arrested for grand theft (>$300) stating I knowingly and unlawfully obtained the funds by use of the computer using the payroll software program.* I plead to misdemeanor petit theft per the judgment.* I also paid the money back in full to escrow before the plea deal. The Florida statute listed on the State charge case letter sent to me is Chapter 812.014(2)(c)(1).
I have now filed a small claims suit against this employer claiming I was miss-classified as a salaried exempt employee and should have been classified as a salaried non-exempt.
I have been recently told that because I plead guilty in the criminal case of theft that it will override the civil claim and I will lose and possibly have to pay my employer's legal fees.* I have also been told after the criminal judgment that small claims court is an option.
I'm confused.* I understand the two are related but the criminal case is about theft and the civil case is about the FLSA Regulations, 29 C.F.R. Part 541.* By pleading guilty to the theft am I also agreeing to an exempt status per the FLSA?* That doesn't make sense to me since the charge per the Florida Statutes is grand theft, 3rd degree (greater than $750 less than $5,000) and I'm suing for an FLSA determination.