{"id":372598,"date":"2017-08-25T13:48:07","date_gmt":"2017-08-25T18:48:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-overtime-laws.html"},"modified":"2022-12-06T10:13:14","modified_gmt":"2022-12-06T15:13:14","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
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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

The workweek can seem to drag on forever. When you’re on the clock more than 40 hours a week, the extra pay can make it worth the effort. But if your employer doesn’t strictly adhere to wage and overtime rules, you may be losing money in unpaid overtime.<\/p>\r\n

Hours worked in excess of a 40-hour workweek are typically considered overtime. Most employees are entitled to compensation for overtime<\/a> at one and a half times their regular rate. Understanding when you qualify for overtime wages can be confusing, but it’s worth money in your pocket to understand the basics of Florida overtime law.<\/p>\r\n

Florida Overtime Law Summary<\/h2>\r\n

This chart highlights key provisions of Florida overtime law.<\/p>\r\n\r\n

State and Federal Statutes<\/p>\r\n<\/th>\r\n

Overtime Calculation Methods:<\/p>\r\n<\/th>\r\n

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  • Hourly: pay time and a half over 40 hours work\/week<\/li>\r\n<\/ul>\r\n
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    • Hourly Plus Bonus and\/or Commission: regular rate = (total hours times hourly rate) plus the workweek equivalent of the bonus and\/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour<\/li>\r\n<\/ul>\r\n
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      • Salary: regular rate = salary divided by the number of hours the salary is intended to compensate
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        • If the regular hours are less than 40: add regular rate for each hour up to 40, then pay time and a half for hours over 40<\/li>\r\n
        • If the regular hours = 40: pay time and a half for hours over 40<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Exempt from FLSA<\/p>\r\n<\/th>\r\n

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  • The following class of employees are not entitled to overtime pay
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    • Railroad workers (most)<\/li>\r\n
    • Truck drivers (most)<\/li>\r\n
    • Outside sales<\/li>\r\n
    • Salary Level Test (pay over federally determined wage)<\/li>\r\n
    • Supervisory employee with management as primary duty<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Reporting Violations<\/p>\r\n<\/th>\r\n