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If you’re an employee in the state of Florida and you’ve worked more than 40 hours in a work week, you might be entitled to overtime, but there’s exceptions. So, let’s take a deeper dive. First, it’s important to note that there is no state law in Florida that requires your employer to pay you overtime. Instead, we look to the federal law, the Fair Wor Standards Act, or the FSA, which requires certain employers to pay certain employees overtime. Of course, there’s exemptions

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from the law and you might see that you have a designation as an exempt or non-exempt employee on a payub or somewhere else. And that’s referring to the exemptions under the FLSA. And there’s a number of exemptions. Today, we’re going to talk about two of the ones that we see most commonly, the administrative exemption and the executive exemption. Under both of these exemptions, there are certain requirements that must be met by the employer to be able to assert the exemption. The first requirement is the

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salary requirement, which is fairly straightforward. It simply requires that in order to claim the exemption, uh employers must pay the employees at least $684 in a salary per week. If you are paid on an hourly basis, you most likely are not exempt from the FLSA. Next, we look at the duty requirements, and this is looking at what is it that you do as an employee. So under the administrative exemption, you must perform non-manual office labor related to the management of the company or its general business

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operations. And you also have to exercise a certain degree of independent judgment and discretion when you perform your job duties. Moving on to the executive exemption. This requires the employee to really be managing the company or a department or subdivision within the company. It requires you to oversee at least two full-time employees or the equivalent. So, one full-time employee might equal two part-time employees. Uh, but regardless, you have to oversee at least two. And you have to also have the authority to hire or fire

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employees or promote, demote, or at the very least, your recommendations must carry some weight to them. So, if you’ve met these duty requirements, you may be exempt from the FSA. However, if you do not fall within these requirements, you may be entitled to overtime. If you think that you are entitled to overtime or want us to look at your case, give us a call.