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Wage-and-hour law could be an issue for Florida overnight workers


Ensuring that workers are compensated properly for the number of hours worked should be a top priority for employers. Understandably, there are instances in which wage-and-hour law can become difficult to navigate, especially if work hours are not necessarily conventional. However, employers should do their best to see that workers receive the pay to which they are entitled, or employees may feel the need to address serious issues with their pay.

Many individuals know that there are occupations in Florida and across the country that involve employees working overnight. However, if employees are allowed or expected to sleep while on the job, determining the correct compensation for those hours may become difficult. These occupations can include individuals who stay overnight in homes taking care of the elderly or disabled individuals.

There are specifications in the Fair Labor Standards Act that address overnight work. If an employee works an overnight shift, but less than 24 consecutive hours, that employee is entitled to pay if they sleep. On the other hand, if an employee is expected to work 24 hours or more, there must be an eight hour period in which the worker does not receive payment. This period of time is typically decided upon by the employer and employee.

The FLSA has additional specifications for overnight work and sleep, and it is important for concerned parties to ensure that their employer is adhering to those standards. If Florida employees feel that they are not being properly compensated under wage-and-hour law, they may wish to closely examine their situation. If they feel that their circumstances could warrant additional action, further information on possible legal remedies may be beneficial.

Source:, "FLSA compliance can be tricky when workers sleep on the job", Anne Torregrossa, April 25, 2014

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