Florida does not mandate that time off be given by employers.
The Fair Labor Standards Act regulates wages and overtime. It offers an important distinction between non-exempt and exempt employees. Depending on your classification, you may be entitled to paid overtime. Neither Florida labor law nor the Fair Labor Standards Act provides for any mandatory vacation, sick or compensatory time provisions for either exempt or non-exempt employees. There are exceptions, however, for special occupations.
Exempt Employees
An exempt employee is defined as someone who has primarily supervisory and managerial duties. These employees are sometimes referred to as "salaried". The Fair Labor Standards Act's exempt designation effectively excludes the majority of these employees from receiving overtime pay. Although employers can provide these workers with compensatory time for hours worked over 40 hours in a work week, the FLSA does not mandate that employers do so. No regulations are provided by either the Florida Department of Labor or the U.S. Department of Labor for how many hours a salaried worker can work or how many days in a row he can work with no days off.
At-Will Employees
At-will employees are effectively at the mercy of the employer. If you are an at-will employee and your employer requires you to work overtime, you have no legal remedy unless there is discrimination involved. For example, if an employer requires a woman to work overtime with no compensatory time, but allows a man to take compensatory time, the woman might have legal grounds for a lawsuit on the basis of gender discrimination.
Collective Bargaining Unit Employees
Employees who are covered by a collective bargaining unit or contract may be protected against unreasonable amounts of overtime in their contracts. A binding contract can also provide premium pay for excessive amounts of overtime. For example, fire fighters and ambulance workers may receive double pay on the seventh day after working six days in a row. Contracts vary, but provide a means for employees to enforce guidelines for overtime and overtime pay. Because an agreement has been reached between the employer and employees, employer violations may result in legal liability.
Special Occupational Hazards
Various occupations involving transport and hazardous job duties are regulated by federal agencies. Agencies like the Federal Aviation Administration have instituted safety rules concerning the number of hours pilots can actually be flying and on duty. The Motor Carriers Association regulates commercial truck drivers in the same fashion. The Florida Department of Labor offers no regulations or protections for employees against unreasonable overtime, but is required to support all federal regulations put forth by federal agencies.
Tags: compensatory time, Department Labor, Fair Labor, Fair Labor Standards, Labor Standards