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Florida Overtime Laws

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.

Hours worked in excess of a 40-hour workweek are typically considered overtime. Most employees are entitled to compensation for overtime 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.

Florida Overtime Law Summary

This chart highlights key provisions of Florida overtime law.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: pay time and a half over 40 hours work/week
  • 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
  • Salary: regular rate = salary divided by the number of hours the salary is intended to compensate
    • 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
    • If the regular hours = 40: pay time and a half for hours over 40

Exempt from FLSA

  • The following class of employees are not entitled to overtime pay
    • Railroad workers (most)
    • Truck drivers (most)
    • Outside sales
    • Salary Level Test (pay over federally determined wage)
    • Supervisory employee with management as primary duty

Reporting Violations

Note: State laws are always subject to change. It's important to verify the laws you're researching by conducting your own research or consulting with a qualified Florida employment attorney.

Florida Overtime Law and Your Wages

Florida labor law does not cover the payment of overtime. The state legislature chose to allow federal overtime law to apply. Federal overtime law is contained in the Fair Labor Standards Act (FLSA) of 1938. FLSA was created to provide a minimum standard for how employers across the United States must treat their employees.

Today the FLSA regulates minimum wages, overtime, child labor standards, and recordkeeping rules. States can provide workers with more rights and benefits than offered by the FLSA, but not less. So when it comes to overtime law in the State of Florida, federal law is the law of the state.

Calculating Overtime in Florida

Under the FLSA, Florida employers must calculate the work week as a fixed schedule of a continuous, seven day, 24-hours per day schedule. It does not have to be Sunday to Saturday. It can start on any day of the week and end seven consecutive days later.

State law says that an employee who works more than 40 hours in a workweek is entitled to compensation for the excess hours, either by:

  • Allowing or requiring the employee to take compensatory time off at the rate of 1.5 hours for each hour of overtime (government employees only), or
  • Receiving pay for the overtime at the rate of 1.5 times the employee's regular rate of pay

Employees Not Entitled to Overtime Pay

Not all employees are eligible for overtime pay. Understanding overtime regulations determining who is exempt under the federal standard is a balance of factors. Employees generally must meet certain criteria regarding their job duties and must be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. An employee's specific job duties and salary must meet all the requirements of the Department's regulations.

Certain industries are governed by their own federal rules and are not covered by FLSA. These include truck drivers, railroad workers, and outside salespeople. Manual laborers are not exempt from regulations, no matter how highly paid they might be.

Research the Law

If you have additional questions about wage laws or overtime work in Florida, review the following links:

Being Denied Overtime Pay? Talk to a Florida Attorney

Wage and overtime laws are full of exceptions and requirements. It can be difficult to understand what you're entitled to as an employee. If you have unpaid wages or overtime issues at work, you may want to speak with a Florida employment law attorney who has experience in this area of the law.

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