Is it illegal to prevent overtime pay? 1 Answers as of May 26, 2011I am a salary employee. I work 50+ hours a week. I am required to live on location. I'm not charged rent and they pay the bills ( Eletric and Propane). I know about the FLSA, and make less then $455 a week. When I ask about overtime pay, I've been told that because they pay the bills I dont get overtime pay. Is that legal?
David B. Sacks, P.A. | David Sacks
Your questions are far more complicated than I can provide you with answers in an email. What I can tell you is that if they company is paying rent and bills as part of your compensation, then that will be included in your salary. If you are a salaried employee but are non-exempt, then it doesn't matter how they are paying you, you are entitled to overtime for all hours worked over forty. But if you are living where you work, then there will be an issue, in all likelihood, of "on-call" time as well, although there are not enough facts in your question for me to know that is true in your case. If you would like to discuss this further, please call me.
Answer Applies to: Florida