Lakeland, FL asked in Employment Law for Florida

Q: I work for A daycare and I’m paid hourly, can my employer make me work after my set hourly schedule with/without paying?

We were told that we have to attend after work function if our employee say’s we have too! Example: children graduation. We were not paid for the function that was held on a Saturday. How does work with the labor laws. Can an employer make you work outside your schedule 8:30 to 5:30 and if you refuse is that insubordination?

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1 Lawyer Answer

A: Your employer can ask you to work outside your normal schedule, but you must be paid for this time. The general rule under the Fair Labor Standards Act is that you must be paid for all hours worked. If your employer requires you to work more than 40 hours per week, then you must be paid overtime at a rate of one-and-one-half times your regular hourly rate for all hours worked over 40 per week. Depending on your hourly rate, your employer's failure to pay you for some of the hours you've worked could also result in a minimum wage violation as well.

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