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thanks so much. I have 2 quickies

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Junior Member
What is the name of your state? Florida

1) I make almost 19k a year at 40hrsX52 weeks a year. I believe this makes me exempt. We operate on a 1/100 increment time clock. If we are 1 increment under 40 hours, it is reflected in our paycheck. If we work up to and including 17 increments over, we are paid for 40 hours in a week. If we go over 17 increments it is unapproved over-time resulting in a verbal and/or written reprimand. Why if we work up to 17 increments over 40 hours, is it not counted. HOwever, if we are one increment under, out pay is cut?

2) We used to be told (or allowed) to work off the clock once we had reached 40 hours in a week. Now, they will tell us one week that overtime is okay just get let them know why (preferrably before week end). THe next week it's "Well, if you can't take the comp time, i guess it's okay.
Of course, when you try to take off the 3.5 hours of comp time in the last 2 or three days of the week, it's like squeezing blood from a turnip to get permission to leave.

How much of all this is legal? How strongly can they *encourage* you to take the comp time instead of overtime (legitimate, hard earned overtime, not slacker time.

Sorry I babble. THanks for your free advice. Most people who need legal advice most seem to be poor. Or maybe I only know poor people... hrm


Senior Member
The salary minimum for exempt employees has been $23,660 ($455 per week) since August 23, 2004. Therefore, if your employer has been classifying you as exempt, they are in have been in violation of the law at least since that time. However, even before then, and now as well, if your job responsibilities do not qualify for an exemption from the minimum wage and overtime regulations, it makes no difference what your salary was or is.

Nonexempt employees must generally be paid overtime for any hours worked in excess of 40 per work week, although you can be disciplined for doing so if a policy does not allow unapproved overtime.

Working "off the clock" by nonexempt employees so as not to be paid overtime is in violation of federal wage and hour regulations. Comp time is generally not allowed for nongovernmental employers.

Clock time can be rounded to the closest 10-15 minutes, as long as the method is used consistently and employee is paid for substantially all work time over the long run. For example, the employer cannot round up for clock time in and round down for clock time out; they can't have it both ways.

If you are covered by a collective bargaining agreement (union contract) I would first contact your union rep. However, you should also contact the Florida Dept. of Labor to file a complaint, but you might be referred to the Federal DOL, since Florida has a very weak wage and hour division. I see a number of probable federal violations here.

Good luck.
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