Florida Overtime Laws: What You Need to Know

If you work in Florida, it is important to understand the state’s overtime laws. These laws govern the amount of pay you are entitled to receive if you work overtime hours. In this article, we will explore Florida’s overtime laws in detail, including who is covered by the law, how overtime pay is calculated, and what your rights are if you feel your employer is not following the law.

Who is Covered by Florida’s Overtime Law?

Florida’s overtime law, known as the Florida Minimum Wage Act (FMWA), applies to employees who work for covered employers. Covered employers are those who perform business in Florida and have at least $500,000 in annual gross sales. Covered employees are those who work in Florida and are not exempt from the law.

The FMWA generally applies to all employees who work in Florida with the exception of the following:

– Executive, administrative, and professional employees
– Outside salespersons
– Agricultural employees
– Domestic employees who live in their employer’s home
– Casual babysitters
– Newspaper deliverers
– Certain computer employees

If you are not sure whether you are exempt from the FMWA, you should consult with an employment law attorney to make sure.

How is Overtime Pay Calculated in Florida?

In Florida, overtime pay is calculated at a rate of one-and-a-half times your regular rate of pay for each hour worked over 40 hours in a workweek. This means that if you normally make $15 an hour, your overtime rate would be $22.50 an hour. If you work more than 8 hours in a day, you are still entitled to overtime pay only for the hours worked over 40 hours in a workweek.

It is important to note that Florida law does not require employers to provide employees with paid rest periods or meal breaks. However, if an employer does provide these breaks, they must pay employees for the time worked during those breaks.

What Can You Do If Your Employer is Not Following Florida’s Overtime Law?

If you believe your employer is not following Florida’s overtime law, there are several steps you can take to protect your rights:

1. Keep Accurate Records of Your Hours Worked

Make sure to keep an accurate record of the hours you work each day and week. This will help you determine if you are entitled to overtime pay and how much you should be paid. Your employer is required to keep accurate records of your hours worked, but it is always a good idea to keep your own records as well.

2. Talk to Your Employer

If you believe your employer is not paying you the overtime you are entitled to, you should talk to them about it. Explain your concerns and provide them with your documentation showing the hours you have worked. Your employer may be willing to correct the problem and pay you the overtime you are owed.

3. File a Complaint with the Florida Department of Economic Opportunity

If your employer does not address your concerns, you can file a complaint with the Florida Department of Economic Opportunity (DEO). The DEO is responsible for enforcing Florida’s overtime law and can investigate your complaint. If the DEO determines that your employer has violated the law, they can require the employer to pay you back wages, including any overtime pay you are owed.

4. File a Lawsuit Against Your Employer

If all else fails, you may consider filing a lawsuit against your employer. You should consult with an employment law attorney before taking this step to make sure you have a strong case and understand the risks involved.

Recent Changes to Florida’s Overtime Law

In 2020, the U.S. Department of Labor (DOL) updated its overtime rules, which affect Florida employers. The new rules raise the salary threshold for exempt employees from $455 per week ($23,660 per year) to $684 per week ($35,568 per year). This means that employees who earn less than $35,568 per year must be paid overtime for any hours worked over 40 in a workweek, regardless of their job duties.

The DOL also updated the rules for highly compensated employees. Under the new rules, employees who earn at least $107,432 per year and perform certain job duties are exempt from overtime pay. This is an increase from the previous salary threshold of $100,000 per year.

Conclusion

Florida’s overtime laws are designed to protect workers and ensure they are fairly compensated for their work. If you believe your employer is not following the law, you should take action to protect your rights. By keeping accurate records of your hours worked, talking to your employer, and filing a complaint with the DEO if necessary, you can ensure you receive the overtime pay you are entitled to under the law.

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.