Hialeah, FL asked in Employment Law for Florida

Q: Husband's job just switched for hourly to salary not paying overtime.

We live in florida, he does granite installation. They work him roughly 50 hrs per week with no over time. They offer a $40 daily bonus for finishing job which he can rarely achieve due to work load or problems with materials they give him (out of his control) they hired him at $15 per hour to $600 salary. They dont pay him on days off, and only the full day if he works 6 or more hours. He never signed anything agreeing to the change but would told he would be fired if he didn't go to salary. Is this legal?

Related Topics:
2 Lawyer Answers
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: Labor lawyers rarely answer questions here, but there is something being done about this by the President. Look for recent changes in laws regarding wages and salaries.

Keith Petrochko
Keith Petrochko
Answered
  • Lake Mary, FL
  • Licensed in Florida

A: Absent an agreement to the contrary, your husband's work title,position, and pay can be changed at the will of the employer. If the change negatively impacts the employee, and it was due to a discriminatory reason (which is often hidden), the employee would have a case. The general rule is that minimum wage must be paid and most employees are owed overtime pay when it is worked.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.