Fort Lauderdale, FL asked in Employment Law for Florida

Q: Can an owner of a restaurant use the word salary on a paycheck stub to avoid paying overtime

On the stub rate of pay says salary The hours for 2 weeks say 80 but the employee worked a 105 hours. The owner paid $6.98 for a 105 hours And the employee did not get time and a 1/2 for overtime

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1 Lawyer Answer

A: Generally no. There are certain standards an employer must meet in order to prove their employees can be properly paid on a salary basis. If these standards aren't met, then employees must be paid overtime for all hours worked in excess of 40 in a week.

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