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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56246
Experience:  Licensed attorney helping employers and employees.
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I am salary employee - working for a small insurance broker

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I am salary employee - working for a small insurance broker ( 5 employees & owner) our business is very specialized for interntional expats and therefore we have a seasonal peak May-Oct, one employee was let go after 10 years dedicated work before the season started with the comment "you don't fit in anymore, don't go back to you desk, we pay you the vacation you have left" I worked for the past 5 months 55-60 hours per week (I keept track of the hours) to keep up with the daily work flow adn not let the small company I work for down- when I asked for compensation (bonus) I was told that I would not get anything . Is this legal ? If I can't get a bonus, can I asked for time off in lieu of pay ? I know, FL is a right to work state - I am concerned if I say something that I will be let go too. Many thanks for your assistance
Hello, are you classified as exempt?
Customer: replied 3 years ago.


I am sorry what does exempt mean ? I am a regular salary employee

Are you classified as exempt from overtime? If so you would not be entitled to it. Are others in your position paid overtime? Typically unless a manager or professional or executive overtime is due.

Bonus is usually discretionary unless employer has guaranteed it in writing or otherwise and made it automatic as a salary benefit.
Customer: replied 3 years ago.

nobody is paid overtime - 2 employees are in training started working there within the last 3 weeks, the other employee does not have the knowledge to work independent and the 4th employee is the owners brother who has invested into the company. My title is CSR (customer service representative) my salary is $ 33000 per year which is more than m/m wage in the state of FL if I divide into a 40 hr work week, a friend informed me that as long as I receive at least m/m wage there is absolutely nothing I can do due to FL law ? Is this correct ?


 


If I will from now on work 08.30 to 5.00pm and do not work overtime, can the employer just tell me to leave like he did with my former coworker ( she requested several times to get unemployment benefits - but never got an answer)


 


In a "nutshell" is there any advantage for me to work in a right to work State ?

Legally, the employer has the final say about your hours. It can decide how many hours you work. The exception are if you have a contract or if there is discrimination behind the decision.

From what you mentioned though, it would appear that you would qualify for overtime pay and therefore hours worked over 40 need to be paid. You may pursue that with the labor board and through a lawyer who may negotiate with management for you and for others, and be paid out of the settlement.

I wish you the best. Kindly click on an excellent rating for the answer. Have a nice Sunday.
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