Results 1 to 2 of 2
  1. #1
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Overtime and Odd Schedules

    My question involves employment and labor law for the state of: Florida

    I am a non-exempt employee who works for a county government in Florida. We get paid every 2 weeks and our schedule is kind of confusing. Each pay period we work a 36 hour week and a 48 hour week. A regular work day is a 12 hour shift and we are sometimes required to work additional hours or days. We are paid for up to 80 hours per pay period everything over is paid to us as comp time. I read somewhere that only giving comp time is against some law or another. Is this true?

  2. #2
    Join Date
    May 2008
    Location
    FL
    Posts
    51

    Default Re: Overtime and Odd Schedules

    For the week that you work 48 hrs, you must be pay overtime or comp time...

    778.104 Each workweek stands alone.

    The Act takes a single workweek as its standard and does not permit averaging of hours over 2 or more weeks. Thus, if an employee works 30 hours one week and 50 hours the next, he must receive overtime compensation for the overtime hours worked beyond the applicable maximum
    in the second week, even though the average number of hours worked in the 2 weeks is 40. This is true regardless of whether the employee works on a standard or swing-shift schedule and regardless of whether he is paid on a daily, weekly, biweekly, monthly or other basis. The rule is also applicable to pieceworkers and employees paid on a commission basis. It is therefore necessary to determine the hours worked and the compensation earned by pieceworkers andcommission employees on a weekly basis.



    553.22 ``FLSA compensatory time'' and ``FLSA compensatory time off''.


    (a) Compensatory time and compensatory time off are interchangeable terms under the FLSA. Compensatory time off is paid time off the job which is earned and accrued by an employee in lieu of immediate cash payment for employment in excess of the statutory hours for which overtime compensation is required by section 7 of the FLSA.

    (b) The Act requires that compensatory time under section 7(o) be earned at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by section 7 of the FLSA. Thus, the 480-hour limit on accrued compensatory time represents not more than 320 hours of actual overtime worked, and the 240-hour limit represents not more than 160 hours of actual overtime worked.

    (c) The 480- and 240-hour limits on accrued compensatory time only apply to overtime hours worked after April 15, 1986. Compensatory time which an employee has accrued prior to April 15, 1986, is not subject to the overtime requirements of the FLSA and need not be aggregated with compensatory time accrued after that date.

    1. Sponsored Links
       

Similar Threads

  1. What is the Law on Infant Visitation Schedules
    By queenmommy in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 12-06-2010, 09:15 AM
  2. Hours: On Call Schedules
    By Paymasterwolfe in forum Employment and Labor
    Replies: 1
    Last Post: 08-25-2008, 02:53 PM
  3. Visitation Schedules for a Toddler
    By lin2008 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 08-25-2008, 06:54 AM
  4. Visitation Schedules in Massachusetts
    By Silaser in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 08-10-2008, 06:54 AM
  5. Compensation and Overtime: Pay schedules
    By needofhelp in forum Employment and Labor
    Replies: 4
    Last Post: 10-02-2006, 02:07 PM
 
 
Sponsored Links

Legal Help, Information and Resources