Florida Wage and Hour Laws

Florida wage and hour laws come from both state and federal sources. Florida labor laws set its own minimum wage, but largely follows federal rules on overtime, breaks, and leave. Understanding the rules can make a difference if you are looking to challenge a workers’ compensation claim or file a wage claim. 

This article covers the key protections under both Florida law and the federal Fair Labor Standards Act (FLSA). If you believe your employer has violated your wage rights, an employment law attorney near you can review your situation and help you understand your options.

How Workers Are Classified

The state of Florida adopts the FLSA’s employee classification structure. Workers who qualify for the federal minimum wage under the FLSA are also covered by Florida’s state minimum wage guarantee. This means the federal definition of who is and is not an employee governs your rights under both state and federal law.

Under the FLSA, workers fall into three main categories:

• Independent contractors are not considered employees under the law. They are not covered by the wage and hour protections.
• Exempt employees are not entitled to overtime pay. This status typically applies to executives, professionals, and certain administrative and computer employees. Whether you qualify as exempt depends on both your job duties and your salary level.
• Non-exempt employees are entitled to overtime pay and other wage protections under state and federal law. Where Florida law and federal law set different standards, you are entitled to whichever is more favorable.

Misclassification is one of the most common wage-and-hour problems workers face. Your employer may label you an independent contractor, but that label alone does not determine your status. What actually matters is the nature of your working relationship, including the extent of your employer’s control over your work. If your employer misclassifies you, you may be entitled to back wages, overtime, and other protections that were wrongfully withheld.

Minimum Wage Requirements

Florida has a higher minimum wage of $14.00 per hour than the federal minimum wage of $7.25. For tipped employees, the required hourly rate is $10.98, with the expectation that tips will bring total earnings to at least the full minimum wage.

Florida voters approved a constitutional amendment in November 2020 to continue to raise the state’s minimum wage. The increases will continue each year until the minimum wage reaches $15.00 per hour on September 30, 2026. After that threshold is met, the hourly wage will resume annual inflation-based adjustments.

Most employees are entitled to the Florida minimum wage. Limited exceptions apply to certain student workers and, in some circumstances, workers with disabilities covered under specific federal programs. Employers who pay below the state minimum may face civil penalties and liability for back wages. The court may also order them to pay the employee’s attorney’s fees and other costs.

Overtime Pay

Florida does not have its own overtime laws and follows the Fair Labor Standards Act (FLSA). Under federal law, employers must pay one-and-a-half times your regular rate for each hour worked beyond 40 in a workweek. The number of hours you work in a pay period determines whether overtime pay applies.

Florida laws define a “legal day’s work” as 10 hours. This provision is limited only to certain circumstances and applies only to manual labor workers. It entitles them to extra pay for each hour worked beyond 10 hours in a single day at their employer’s direction. Unless a written contract establishes a different daily threshold. The statute does not require employers to calculate this extra pay at the time-and-a-half rate.

For most full-time employees in Florida, the FLSA‘s 40-hour weekly standard is the only overtime rule that applies. For example, let’s say your regular rate of pay is $14.00 per hour and you work 45 hours a week. For the first 40 hours, you receive your regular rate of $14. For the five additional hours, your wage rate should be the time-and-a-half rate, which is $21 per hour.

The “8 and 80” Rule for Healthcare Workers

One significant exception applies to workers in hospitals and certain residential care settings, including nursing facilities, skilled nursing facilities, and assisted living facilities. Under the FLSA‘s “8 and 80” rule, qualifying employers may adopt a fixed 14-consecutive-day work period in place of the standard seven-day workweek. They may only do so if they reach a prior agreement with each affected employee before they start working.

Under this system, employers owe time-and-a-half for any hours worked past eight in a single day or past 80 across the full 14-day period. All hours worked, including those that already triggered daily overtime, still count toward the 80-hour total. For example, if you work nine hours on Monday, that extra hour is paid at the overtime rate and counts as one of your 80 hours for the period.

Exemptions From Wage and Hour Protections

Not every worker is covered by the FLSA‘s minimum wage and overtime requirements. The U.S. Department of Labor lists several categories of workers who are partially or fully exempt from these employee rights. Some of these exemptions cover both minimum wage and overtime protections. Meanwhile, others are limited to overtime pay.

The following are some workers who may be exempt from both minimum wage and overtime requirements:

• Executive, administrative, professional, and outside sales employees who meet the duties and salary requirements set by the Department of Labor
• Seasonal and recreational workers employed by establishments such as amusement parks, organized camps, or nonprofit educational conference centers that operate for seven months or fewer per year or follow a highly seasonal revenue pattern
• Fishing and aquatic farming workers
• Farmworkers on small farms
• Casual babysitters and workers who provide companionship services to the elderly or individuals who cannot care for themselves

Workers who may be exempt from overtime:

• Commissioned sales employees of retail or service establishments qualify if more than half of their earnings must come from commissions and they average at least 1.5 times the minimum wage per hour worked
• Computer professionals whose primary duties involve systems analysis, software design, or similar technical work and who earn at least $27.63 per hour
• Drivers, driver’s helpers, loaders, and mechanics employed by motor carriers whose duties affect the safety of vehicles transporting passengers or property in interstate or foreign commerce
• Salespeople, partspeople, and mechanics at automobile dealerships

The court narrowly construes exemptions against the employers who are asserting them. The burden falls on the employer to show that the exemption applies. If your employer claims you are exempt, it is worth verifying whether your actual job duties and pay meet the specific legal requirements for that exemption. For a full list of exemptions, check the DOL Wage and Hour Division or contact an employment law attorney.

Meal and Rest Breaks

Florida does not have a state law requiring rest periods or meal breaks for adult employees. The rules are entirely based on federal guidance. According to the U.S. Department of Labor, short breaks of 20 minutes or less are paid and count as hours worked. These breaks help keep workers productive, so employers must pay for that time.

A meal break of 30 minutes or longer may be unpaid, but only if you are completely relieved of all work duties for the entire duration. If your employer requires you to stay at your station, answer calls, monitor equipment, or handle any task during that time, it counts as hours worked and must be paid, regardless of how it appears on your timesheet.

Leave Entitlements

Florida does not require employers to provide paid vacation, sick days, or holidays. These benefits depend on employer policy or your employment contract.

Florida does provide one specific leave protection for victims of domestic or sexual violence. Under state law, employers with 50 or more employees must allow eligible employees to take up to three working days of leave in any 12-month period if they, a family member, or a household member is a victim of domestic or sexual violence. To qualify, you must have been employed for at least three months. Before taking leave, you must first exhaust any available annual, vacation, personal, or sick leave, unless your employer waives that requirement.

The leave may be used to seek an injunction, obtain medical care or mental health counseling, access services through a victim services, or seek legal assistance and attend court-related proceedings. Whether the leave is paid or unpaid is left to the employer’s discretion. Employers with less than 50 employees are not covered by this statute.

The federal Family and Medical Leave Act (FMLA) also covers Florida workers. Under this law, qualifying employees can take up to 12 weeks of unpaid leave each year while keeping their jobs. Covered reasons include the birth or adoption of a child, caring for a family member with a serious health condition, or your own serious health condition. To be eligible, you must have worked for your current employer for at least one year and logged a minimum of 1,250 hours during that period. Your employer must also have at least 50 employees.

Severance Pay

Florida law does not require employers to give severance pay. Unless you have a contract, union agreement, or written policy that promises severance, you usually are not entitled to extra pay beyond your final paycheck. If you were promised severance and did not receive it, you may have a breach of contract claim and should speak with an employment attorney.

Retaliation Protections

Florida and federal law protect employees from employer retaliation. Under the FLSA and Florida state law, you have the right to raise concerns at work without fear of retaliation. This means your employer cannot fire you, demote you, or cut your hours in response to a complaint about working conditions, workplace safety, or wages. Employees who speak up about employer violations of the law are sometimes referred to as “whistleblowers.” Both the state and federal law offer these employees certain protections. If you experience retaliation, you may have a separate claim in addition to your wage dispute.

Filing a Claim

If you believe your employer has violated Florida employment laws or federal laws, you have several options. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or file a private lawsuit to recover unpaid wages, damages, attorney’s fees, and court costs. The deadline for filing an FLSA claim is generally two years from the date the violation occurred. That window extends to three years if the violation was willful.

Get Legal Help With Florida Wage and Hour Claims

Wage disputes can be complex, especially if misclassification, unpaid overtime, or retaliation is involved. An experienced employment attorney can review your case and help you understand your employee rights under Florida employment laws and federal laws. They can also help you file a claim if they find that your employer might have violated employment law. For further guidance and legal advice, contact an employment law attorney near you.