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Florida Overtime Laws

Florida Overtime Laws


Guide to Florida Overtime Laws

In the state of Florida, most workers are entitled to overtime pay if their work week exceeds 40 hours.  If your employer knew or had reason to know that you would be working in excess of 40 hours in a week, you will be able to collect overtime pay for this time worked.  This guide will teach you about FL overtime laws, including which employees are entitled to overtime and which are exempt.

Who Can Earn Overtime?

Most Florida overtime laws are based on the Federal Labor Standards Act, which specifies exempt and non-exempt employees.  Exempt employees are typically “white collar.”  There are separate exemptions from FL overtime laws for executive employees, administrative employees, professionals, and people whose job is mostly outside sales.  Two professions, paralegals and practical nurses, are non-exempt because of concerns about exploitation from supervisors.

Generally, in order to be exempt from Florida overtime laws, your job duties need to fall primarily into one of these four exemptions.  If you are spending more than 20% of your employment doing other job duties, you may be entitled to overtime compensation according to FL overtime laws even if the majority of your work is in one of these capacities.

Overtime Minimum Wages

The minimum wage for overtime according to Florida overtime laws is 1.5 times the amount of the standard minimum wage.  In 2012, that works out to a bit more than 11 dollars an hour.  Employees making more than minimum wage are entitled to compensation of 1.5 times their normal hourly wage.  While some states mandate that hours worked in excess of 60 or 80 hours be compensated at even higher rates, FL overtime laws never mandate pay in excess of 1.5 times the worker's hourly wage.

Can Employers Avoid Paying Overtime?

One common and highly illegal practice for Florida employers who want to circumvent Florida overtime laws is averaging out an employee's hours over two weeks to eliminate overtime.  Other employers try to let employees “bank” time so that they will need to work fewer hours the next week.  Neither of these practices are permissible according to FL overtime laws.  While public employers may allow employees to bank time, Florida overtime laws dictate that all private employers must give their employees overtime for all hours worked in excess of 40 in a week.

What if I Didn't Get Overtime?

It can be frustrating to deal with an employer who isn't paying you overtime that you know you are entitled to.  Sometimes, employers mistakenly believe a particular type of employee is exempt from FL overtime laws, while other employers deliberately attempt to deprive workers of overtime wages.  Regardless of whether your company withheld overtime deliberately or accidentally, Florida overtime laws allow you to seek back compensation for your overtime worked.

Talking to an employment attorney can help you understand if you qualify for overtime under FL overtime laws and whether you may be able to seek compensation.  Attorneys help Florida residents to recover millions of dollars a year in missed overtime payments.  If you believe you have been unfairly compensated for overtime, you may want to schedule a consultation with an employment attorney.  Typically, first consultations are free, and the attorney can help you understand whether your employer has broken Florida overtime laws.