Exempt Definition

• The Florida Department of Labor follows the guidelines for defining exempt employees set forth by the Fair Labor Standards Act. The FLSA defines employees as exempt where 50 percent of their job consists of management responsibilities for which they are paid a salary. Florida employers cannot require exempt employees to track their time on a time clock or time sheet and cannot deduct time from an exempt employee's pay check by the hour, or when less than the equivalent of one day. Classifying an employee as exempt, when he is not can lead to stiff fines and penalties.
  
  

At-Will Exempt Employees

• Employers must adhere to the federal guidelines set forth for exempt employees regulated by the U.S. Department of Labor. Under these guidelines, employers in Florida can require exempt personnel to work any amount of overtime without restriction or additional pay, depending upon the contract with the employee. From a managerial perspective, requiring employees to work excessive overtime may result in employee morale issues or attrition. Some employers address this issue by providing "comp time" to exempt employees in lieu of overtime. Employers can legally terminate at-will exempt employees for any reason, if the termination is non-discriminatory. If you find yourself in one of these positions, your best option may be to seek other employment.
  
  

Collective Bargaining Units

• As an exempt employee who is under contract or a member of a collective bargaining unit, you may have more protection from excessive overtime. Teachers unions often negotiate benefits such as sick leave, vacation time and wages and hours in their contracts. Contract exempt employees and collective bargaining units can also negotiate for extra pay for overtime, which exceeds a certain number of hours in a week.
  
  

Considerations

• As an exempt employee in Florida, you are confined by your at-will or contract status. Contract employees have the protection of their contracts, if the contract verbiage addresses overtime issues. As an at-will employee you have little legal recourse unless you can prove that your employer has discriminated against you because of gender, race, age or sexual orientation. If you feel that your employer has discriminated against you with overtime requirements because of one of the aforementioned factors, you will need to seek legal counsel.