I work for a Dental center as a dental assistant. We have two locations, but the same owners own both locations. the locations do have different names on the locations. I also receive two separate pay checks because they do not want to pay overtime. Is this allowed in this situation. Seems unfair. Thanks for your time
Dear Tiffany,
Florida does not have a specific law or statute when dealing with overtime employment issues. Florida follows the Federally enacted, Fair Labor Standards Act. Under the Fair Labor Standards Act, employees such as yourself, who work more than 40 hours per work week are entitled to no less than time and one-half of their/your regular rate of pay. It makes no difference whether you work at multiple locations for one employer. Moreover, the Federal FLSA solely takes into account the number of hours you are actually working, rather than the manner in which you are paid. If your employer indicates that overtime hours will not be compensable, fear not, overtime pay cannot be waived.
Did your position as a dental assistant require additional schooling, after your senior year in college? There are exemptions to the FLSA which preclude an employee from collecting over time pay such as: professional laborers (Dental hygienists, doctors, dentists).
I would need further information from you including: Did you attend college, if so, for how many years? Did you get a degree in furtherance of your dental assistant job? Were you an administrative assistant and dental assistant? Did you attend special schooling which resulted in a license for dental assistance? These questions will help to decide whether/not you fit within a professional exemption.
We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127.
Please view our website for more information:
http://workerscompfl.net/services/workers-compensation
Sincerely,
Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1401 Forum Way, Suite 503West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website:
www.workerscompfl.net Email: lmasnikoff@workerscompfl.net
Offices also located in Fort Lauderdale and Orlando.
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