📅 2026 Update: Changes to Florida Overtime Laws

Since the original article was published, there have been important changes regarding overtime regulations. Notably, the U.S. Department of Labor (DOL) updated rules about exemptions for certain employees.

However, a court ruling later vacated these changes, leading to a return to earlier standards. The original article continues further down the page for more details.

📈 Changes in Salary Thresholds

The DOL made a significant update on April 26, 2024, proposing a new salary level for exemptions. This aimed to raise the minimum salary level and the total annual compensation for highly compensated employees. However, as of November 15, 2024, the DOL reverted to the 2019 rules, setting the minimum salary level at $684 per week and the highly compensated employee threshold at $107,432 annually.

📅 Future Updates Planned

Looking ahead, the DOL plans to update these salary thresholds every three years. The first scheduled increase is set for July 1, 2027, when the minimum salary level is expected to rise to $844 per week. This change aims to keep the regulations aligned with current earnings data.

📝 Determining Exemption Status

Employers need to understand how to determine if an employee is exempt from overtime. To do this, they should assess whether each employee meets the salary basis test, salary level test, and duties test under the Fair Labor Standards Act (FLSA).

🔍 Importance of Recordkeeping

Employers must keep accurate records of hours worked and wages paid. This includes tracking overtime, as violations of the FLSA can lead to penalties, including back wages and fines. Proper recordkeeping helps ensure compliance with overtime regulations.

📌 Key Takeaways

  • The minimum salary for exemption is $684 per week.
  • The highly compensated employee threshold is $107,432 annually.
  • The DOL will update salary thresholds every three years starting July 1, 2027.
  • Accurate recordkeeping is essential for employers to comply with FLSA regulations.

💡 Tips for Understanding Overtime Laws

Review the details of your specific situation with your attorney.

📖 Know Your Rights

Employees should understand their rights regarding overtime pay. Non-exempt employees must receive pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates.

📆 Understand Your Workweek

A workweek is defined as a fixed and regularly recurring period of 168 hours. Knowing this helps employees understand when they are entitled to overtime pay.

👔 Check Job Duties

To qualify for overtime exemptions, employees must meet certain criteria related to their job duties. Evaluating these can help determine if they are eligible for overtime pay.

💼 Review State Laws

State-specific overtime laws may provide additional protections beyond federal standards. It's important to check with state labor departments for specific regulations that may apply.

📊 Stay Informed About Changes

Keep up with changes in federal and state overtime laws. New updates can affect how overtime pay is calculated and who qualifies for exemptions.

❓ Frequently Asked Questions

❓ What is the minimum salary level for overtime exemption?

As of November 15, 2024, the minimum salary level for exemption under the Fair Labor Standards Act is $684 per week.

📅 How often will salary thresholds be updated?

The DOL plans to update salary thresholds every three years, with the next update scheduled for July 1, 2027.

📊 What records do employers need to keep?

Employers are required to maintain accurate records of hours worked and wages paid to employees. This is essential for compliance with the Fair Labor Standards Act.

📝 Who qualifies as a highly compensated employee?

A highly compensated employee must have total annual compensation of $107,432. They may also meet specific job duties to qualify for exemption from overtime pay.

💼 Are independent contractors entitled to overtime pay?

No, independent contractors are not entitled to overtime pay under the Fair Labor Standards Act.

⏳ What happens if an employer violates overtime laws?

Violations of overtime laws can result in penalties, including back wages and fines imposed by the Department of Labor.

⚖️ Recent Cases Related to Overtime Laws

Recent court rulings have highlighted ongoing discussions about overtime laws and their interpretation. These cases connect directly to the regulations discussed in this article, affecting how companies handle overtime pay and exemptions.

For more recent rulings, feel free to explore more rulings on the news page.

End of October 2026 Update






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 Overtime Laws

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.

📝 See Also

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.