West Palm Beach, FL asked in Employment Discrimination and Employment Law for Florida

Q: Overtime question. Fiance is a teacher assistant ( not an actual teacher) and she also does after care as well. Her pay

Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? Thanks

1 Lawyer Answer
Jay P. Lechner Esq.
Jay P. Lechner Esq.
  • Employment Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: The short answer is that she likely was entitled to overtime from the beginning of her employment, assuming her primary job duty did not involve teaching. The long answer requires an analysis of multiple compex issues under the FLSA. First, it is true that effective January 1, 2020, the salary level for executive, administrative, and professional exempt employees under the FLSA will increase from $455 per week ($23,660 annually) to $684 per week ($35,568 annually). However, the salary level test does not apply to teaching professionals. Second, teacher assistants generally do not qualify for the teacher professional exemption if their primary duty is not teaching, although this depends on an assessment of her actual job duties. Third, the fact that she was paid for two separate functions, partially on a salary basis and partially on an hourly basis, does not preclude her entitlement to overtime. She should speak with a qualified employment attorney.

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