Legal Day's Work in Florida

MHarris

Can anyone help clarify this who has experience with an hourly workforce in Florida? What constitutes "extra" pay? Overtime rate?? What could be considered a written contract...a handbook acknowledgement if that handbook had a disclaimer regarding work hours?

In my Florida Employment Law manual, there is no reference to this statute at all.

Any clarification is appreciated.

Title XXXI
LABOR Chapter 448
GENERAL LABOR REGULATIONS View Entire Chapter

448.01 Legal day's work; extra pay.--

(1) Ten hours of labor shall be a legal day's work, and when any person employed to perform manual labor of any kind by the day, week, month or year renders 10 hours of labor, he or she shall be considered to have performed a legal day's work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily.

(2) Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of 10 hours' labor daily.

History.--ss. 1, 2, 3, ch. 1988, 1874; RS 2117, 2118; GS 2641, 2642; RGS 4016, 4017; CGL 5939, 5940; s. 164, ch. 97-103.

stilldazed

We have mostly hourly workers and are a 24/7 operation with multiple work shifts in varying situations. I can't help you out much with an explanation and would guess that while the legislation is valid, it may also be a basis for negotiation/collective bargaining situations. I can tell you from experience that we are into an OT situation because of FLSA before we hit a 10-hour workday situation. We do offer shift differentials for non-business hours shifts to entice workers to them, and the differentials, by inherently because of the hours during which the differentials are offered, a pay incentive enters into the compensation calculation for the longer shifts.

Not sure I helped you much. I would be interested in what other Florida HR reps have to say.

dbutton111

There's probably no reference because it's basically covered under FLSA. It appears to only be for manual labor (though the part about "any kind" is odd) so I read that to be non-exempt laborer type jobs. It doesn't mention anything about overtime or the rate of pay, so I guess you could interpret it to mean that paying straight time is for all hours worked is ok. That is how we would pay.

DoL has a great "cheat sheet" with all states on it:

[url]http://www.dol.gov/esa/minwage/america.htm#2[/url]

E Wart

Just thought you might be interested that this website is "not available" right now. (This leads me to believe that the newly updated 7/24/07 information is in the works.)

Wart

stilldazed

I just read something yesterday that clarified this issue for me and wanted to share in case you're still interested. The legislation applies to blue collar type jobs with physica labor. Florida's requirement is that laborers (generically applied to blue collar positions) receive extra pay after working 10 hours in a single day.

sonny

(2) Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of 10 hours' labor daily.

If there is a union contract stating OT will be paid for hours worked over 40 can I assume you wouldn't have to pay after 10?