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Am I working overtime without getting paid?

If you are a non-exempt worker in Florida, you are entitled to receive overtime pay for any hours in excess of 40 that you work in a regular workweek. This means that you should receive time-and-a-half pay for every hour starting with that forty-first hour.

Some people get their paycheck and see that while they did work overtime, they did not receive the appropriate compensation for those hours. In these situations, it could just be a payroll or accounting error. However, in many cases, these mistakes or deliberate underpayments are harder to recognize. In fact, you could already be working overtime without knowing it and without realizing you should be getting more money.

Non-exempt workers should keep an eye out for the following clues in order to determine if they might be working overtime without being paid.

  • Employer asks you to work before clocking in or after clocking out
  • You are either asked or allowed to work over lunch or other breaks
  • You are given a new title like Manager or Supervisor, but you are still performing the same job duties, as this could indicate you are being misclassified
  • Your workload is consistently much too great to complete in a regular work week
  • Your employer does not have a reliable clock-in and clock-out system
  • You are asked to be at work but not clock in until you are needed

If these or similar events occur once or very infrequently, it could be difficult to build a claim for unpaid overtime. However, in many cases, these aren't isolated incidences; in fact, they could seem so common that they don't raise any red flags at all for employees who think these things are normal.

If you feel as if you are working overtime without receiving overtime pay, it is important that you act fast to address the situation. Talking to an attorney about your legal options and the various steps you can take to protect yourself can prove to be a wise decision.

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