Sometimes calculating overtime is not always black and white. In some industries, other factors are taken into account when determining the rate at which overtime is paid. If these calculations are done incorrectly and the errors are not remedied, Florida workers may feel that the company is violating a wage and hour law.
A group of 62 current and former employees for a police department in another state claim that they were not given the correct rate of pay for overtime. The workers who were included in the complaint were captains, lieutenants, patrol officers and sergeants. The plaintiffs are alleging that the city has not paid them at the correct rate for three years.
The plaintiffs are not complaining that they are not receiving overtime, rather that they are not getting it paid at the correct amount. According to the plaintiff's contract, their overtime rate of pay is to be calculated with extraneous factors that, if included, would augment the rate. Some of these multipliers included uniform allowance, shift differential and longevity pay.
Over the last three years, the affected plaintiffs have regularly worked more than 40 hours in a week or more than eight hours in a day. Their collective bargaining agreement states that they are to be paid overtime on these excess hours. In their lawsuit, they are asking for $50,000, which would equate to the difference in pay over the last three years, and to be reimbursed for legal fees. Workers in Florida who notice that they are being paid incorrectly can first choose to shed light on the situation through the proper channels at work. If a satisfactory resolution is not reached, the employees may choose to move forward with legal recourse for the alleged wage and hour law violations.
Source: mansfieldnewsjournal.com, "Current, former officers file overtime lawsuit", Lou Whitmire, May 28, 2015