Fort Lauderdale, FL asked in Employment Law for Florida

Q: Can my employer change my rate of pay weekly based on my hours scheduled?

Can my employer change my hourly pay rate weekly? My hourly pay rate changes every week based on the amount of hours I work which is usually 50-60hrs as a security guard. I am paid OT on whatever the new hourly rate is. Is this something my employer can do just constantly change my rate even if it is the same job site? I don't have a contract I just work a schedule every week that is given.

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1 Lawyer Answer

A: As long as your hourly rate doesn't fall below minimum wage, and as long as your overtime rate is properly calculated, then there is nothing unlawful about this situation. However, you should consult a Florida employment attorney to ensure your overtime rate is being calculated correctly if you have multiple rates of pay.

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