Eola Park Centre
200 East Robinson St.
Suite 220
Orlando, Florida 32801 407-422-6464
Overtime
Laws
Fair
Labor Standards Act
The Fair Labor Standards Act (FLSA)
affects most private and public employment. The FLSA requires
employers to pay covered employees who are not otherwise exempt at
least the federal minimum wage and overtime pay for all hours worked
over 40 in a workweek.
Covered employees
must be paid for all hours worked in a workweek. In general,
compensable hours worked include all time an employee is on duty or
at a prescribed place of work and any time that an employee is
suffered or permitted to work. This would generally include work
performed at home, travel time, waiting time, training, and
probationary periods.
Federal Minimum Wage =
$5.15 per hour
Tipped Employees may be
paid $2.13 per hour; if an employees tips combined with cash wage
does not equal $5.1, the employer must make up the difference.
Overtime after 40 hours
in a week = 1 1/2 times an employees regular rate of pay.
The Fair Labor Standards
Act defines "employee" as "any individual employed by
the employer." 29 U.S.C. 203(e)(1). "To employ" under
the FLSA, means "to suffer or permit to work." 29 U.S.C.
203(g). An "employer" includes "any person acting
directly or indirectly in the interest of an employer in
relation to an employee." 29 U.S.C. 203(d).
The Supreme Court has
held that courts should apply these terms in light of
the "economic reality" of the relationship between the
parties.
Goldberg v. Whitaker House Co-op., Inc., 366
U.S. 28, 33, 6 L. Ed. 2d 100, 81 S. Ct. 933 (1961). The
factors in this economic realities test, although not
exhaustive, include: (1) the degree of control over the
manner in which the work is performed; (2) the worker's
opportunity for profit or loss depending on his
managerial skill; (3) the worker's investment in
equipment or materials, or his employment of helpers;
(4) whether the service rendered requires a special
skill; (5) the degree or permanence of the working
relationship; and (6) whether the service rendered is an
integral part of the employer's business. The economic
realities test is not mechanical or formal in its
application. Instead, it is the totality of the
circumstances, and not any one factor, which determines
whether a worker is the employee of a particular alleged
employer. The economic realities test looks to the
specific facts of each case to determine whether an
entity is an "employer.". Therefore, a court will
address all factors except those related to profit and
loss, special skill, and worker's individual investment,
because no FSLA case has found any of these factors
significant as to whether a temporary employment agency
is an "employer."
Orlando Overtime Pay Attorney, N. James Turner, Esq.,
P.A., providing Employment and Labor Law
legal services in Orlando and throughout the
Central Florida Area.
