MANAGER: “We don’t allow overtime, so I am reducing your time card from 45 to 40 hours this week.”

EMPLOYEE: “Is that legal?”

This happens more often than you might think.

Unless you have an extra $1.6+ Million lying around to hand out to employees, I suggest you don’t do what this Los Angeles restaurant did.

The owner of the restaurant denied 83 workers overtime wages and created FALSE RECORDS (!) showing employees worked no overtime hours when, in fact, they worked more than 40 hours in a workweek. This typically occurs when the employer has a “no overtime” policy, which is acceptable, but then reduces hours on the time card due to the policy, thereby causing the employee not to be paid overtime for hours actually worked- which is not acceptable.

Even if you have a policy stating employees are not permitted to work overtime, if they do, they need to be paid. The FLSA and wage/hour laws can be tricky, so make sure to consult with an employment lawyer in your state if you have any questions. The DOL will be cracking down this year, and Florida businesses should make sure their procedures are not unintentionally violating the law.

You need to make sure your systems are all legal. If you have illegal practices (even if they are unintentional) and making a mistake with one employee, you could be making a mistake with all, thereby exposing the company to a class action claim as to ALL affected employees.

If you want to make sure all your systems are running smoothly and you are not unintentionally making a mistake, I am now conducting HR Audit of Florida businesses. Schedule a complimentary call or zoom meeting at https://calendly.com/karlywannos/hr-audit.

During the call, we will discuss our HR Audit process, what you can expect to learn about your company, timing to complete your project and pricing. Visit https://www.wannoslaw.com/contact 

Contact Karly Wannos at The Wannos Law Firm, PA Here.

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Disclaimer: The information on this website is for educational purposes only. The information does not constitute legal advice, and does not create an attorney client relationship with Karly Wannos, The Wannos Law Firm, P.A. or any other attorney employed by the firm. Karly Wannos is licensed to practice law in Florida only, and the information presented on this channel applies to Florida and Federal law only and is not otherwise state specific. Please consult with an attorney before making any important business related decisions. The contents of this post are owned by Karly Wannos, and cannot be duplicated or replicated without her express written permission. May be deemed an attorney advertisement.