Overtime Laws are explained by board certified attorney Maurice Arcadier, from law Arcadier and Associates, of Melbourne, Florida, discusses basic concepts regarding overtime laws in Florida and the Fair Labor Standards Act. The short video is intended to give a basic understanding of current overtime laws in easy to understand language.
Covered employers who employ workers to perform manual labor must pay overtime pay at a rate of one and a half times the hourly rate, if employee is caused to work more than 40 hours in one week.
Generally, speaking, a covered employer is one who engages in interstate commerce, and generates revenues in excess of $500,000 per year. Manual labor is loosely defined and includes routine work, including data entry and other tasks which are not normally considered manual labor.
Even if an employee is paid on a salary basis, overtime pay may still me applicable if the work being performed is non-exempt.
Exempt work includes those skills which are performed in the work place which requires high level education or skill. Indeed, there are more than 106 exemptions which, for the most part, have arisen from special interest groups lobbying Congress. Many workers who deserve overtime pay, such as cleaning services, can be exempt under certain circumstances. For instance, a bathroom cleaner at a movie theater is exempt because movie theater workers are exempt. No rhyme or reason, simply, a special interest group exemption.
Certain employers are also exempt for such things as the motor carrier act, which exempts employers who transport goods using commercial vehicles that weigh more than 10,000 lbs and drive across state lines. This false under the Motor Carrier Act exemption.
Indeed, the Fair Labor Standards Act, is anything but standard or straightforward. Numerous regulations are constantly being updated and reinterpreted. A board certified labor and employment lawyer should be consulted
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