overime

System

I have a Florida client who is in the construction business. They use an 80 hour pay period, where pay is disrtibuted once every two weeks, and is based upon an 80 hour basis. She only pays overtime if hours worked exceed 80 in that time frame. So, if for instance, an employee works 50 hours the first week of the pay period, and 30 hours the second week, she pays no overtime. Is that legal?? I thought that regardless of the designated pay period, if an employee works in exces of 40 hours in any week, those hours must be compensated at overtime rate.
Are there exceptipns to that rule? It seems that the nursing indusrty allowed some sort of 80 hour pay period, but I am not sure if that is true or if any exception applies to the construction indusrty; or if Florida law allows this type of practice. Please advise.

Al Vreeland

You are correct - overtime must be calculated on 40 hour week, regardless of the pay period. There is an exception specific to hospitals, called the 8/80 plan. But that exception does not apply to construction.


Al Vreeland
Editor, Alabama Employment Law Letter
Lehr Middlebrooks Price & Vreeland, P.C.

Shadowfax

The 8/80 are at 207(j) and is limited to health care fields - but still requires o/t over 8 in a day, plus must have an agreement with the ees that you are doing it. No app the construction.

Sha Sha

When you say "health care fields" would this apply to physicians offices?