{"id":372598,"date":"2017-08-25T13:48:07","date_gmt":"2017-08-25T18:48:07","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/florida-law\/florida-overtime-laws.html"},"modified":"2026-07-28T09:03:57","modified_gmt":"2026-07-28T14:03:57","slug":"florida-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-overtime-laws.html","title":{"rendered":"Florida Overtime Laws"},"content":{"rendered":"\n
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Florida Overtime Laws<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Florida uses federal laws<\/span> to determine eligibility<\/span> for overtime pay<\/span>. This covers exemptions<\/span>, qualifications, amounts due, and penalties for employers who don\u2019t comply with the laws. Employees can pursue overtime wages<\/span> they believe they\u2019re owed under the Fair Labor Standards Act<\/span> (FLSA<\/span>).<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Florida does not have its own overtime labor laws<\/span>; instead, it uses those under federal law<\/span>. The federal <\/span>Fair Labor Standards Act<\/span> (FLSA<\/span>) sets overtime pay<\/span> requirements<\/span> for most workers in the state. Qualifying employees are entitled to one-and-a-half times their regular rate for hours worked beyond 40 in a workweek<\/span>, unless they fall under one of the FLSA<\/span>‘s exemptions<\/span>.<\/p>\n

Overtime pay<\/span> can make a significant difference in your paycheck. If your employer does not follow wage rules, you could be losing money in unpaid overtime.<\/p>\n

Federal overtime law<\/span> sets the rules for overtime pay<\/span> in Florida, including who qualifies, which workers are exempt, and what steps to take if you think you have been underpaid. If you have questions about your paycheck or your classification, consider speaking with a\u00a0Florida <\/span>employment<\/span> law<\/span> attorney<\/a>\u00a0near you. They can review your situation and help you understand your options.<\/p>\n

What Is Overtime Pay<\/span>?<\/h2>\n

Overtime pay<\/span> is extra compensation for hours worked past 40 in a single workweek<\/span>. The FLSA<\/span> mandates<\/span> that employers pay at least one-and-a-half times your regular rate for these hours, often called “time and a half<\/span>.”<\/p>\n

Employers must calculate overtime on a week-by-week basis. If an employee works<\/span> 38 hours one week and 42 the next, their employer cannot average the two weeks to avoid paying overtime. Only hours over 40 in a single workweek<\/span> count toward overtime.<\/p>\n

Why Federal Law<\/span> Controls Overtime in Florida<\/h2>\n

Florida does not have its own overtime law<\/span>. The Florida Constitution sets the minimum wage but does not mention overtime, leaving the FLSA<\/span><\/a>\u00a0as the only law that covers overtime pay<\/span> in Florida.<\/p>\n

This affects Florida workers in several ways.<\/p>\n