FL business accused of missed overtime payments

A group of four current and former employees of a company that manages residences for disabled adults is alleging that the business didn't pay them the proper amount of overtime.

The property management company, along with one of the plaintiffs' supervisors, are named as defendants in a lawsuit filed in federal court, according to The News Herald, a Panama City publication. The suit claims that the employees were taken off the clock when they worked overnight during scheduled week-long shifts. Although the employees were still providing care, they say they weren't compensated for that work.

The attorney for the defendants said that the statute of limitations for the plaintiffs' claims may have already expired and that the employees were exempt for overtime requirements while working at the homes. The Fair Labor Standards Act provides an overtime exemption for live-in care employees, but explicitly states that such staff must receive at least the minimum wage for all hours worked. Sleep, meals and breaks may be excluded from recorded hours, but when work duties interrupt such periods, employees must be paid for that labor.

Employers should consider using attendance tracking software to make sure all the hours worked by employees are accurately accounted for.


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