Florida follows federal overtime laws, under which most non-exempt employees are entitled to overtime pay when they work more than 40 hours in a single workweek.
This article breaks down everything you need to know about overtime pay rules in Florida, from who qualifies for overtime pay to how overtime pay is calculated, and special rules for tipped and salaried employees.
It also covers what happens if an employee refuses to work overtime under Florida labor laws, common exemptions from overtime pay rules, and the penalties employers may face for violations.
Florida Overtime Laws Summary
| State overtime law | None |
| Federal law | FLSA provisions for overtime |
| Overtime pay rate | 1.5 times the regular rate of pay for all hours worked over 40 hours in a workweek |
| Minimum wage | $14 per hour |
| Minimum overtime wage | $21 per hour for minimum wage workers |
| Compensatory time instead of overtime pay | Not allowed |
| Salary threshold for overtime exemption | $684/week |
This Article Covers
- Overtime Pay Rates in Florida
- Who Qualifies for Overtime Pay in Florida?
- Overtime Exemptions in Florida
- Overtime Pay for Tipped Employees in Florida
- Overtime Pay for Salaried Employees in Florida
- Overtime Pay for Commissioned Employees in Florida
- Overtime Calculated Using the Fluctuating Workweek Method in Florida
- Recordkeeping Requirements for Employers in Florida
- Penalties for Violating Overtime Laws in Florida
Overtime Pay Rates in Florida
Overtime pay rate in Florida is 1.5 times the employee’s regular rate of pay for all hours worked over 40 in a workweek, as per the federal Fair Labor Standards Act.
The minimum wage in Florida is $14 per hour. This means the state’s minimum overtime wage is $21 per hour (1.5 x $14).
What counts as hours worked for overtime calculations?
An employee’s hours worked include all the time they are required to be on the worksite, on duty, or actively performing job-related tasks.
Under the FLSA, overtime is not automatically required for work performed on weekends, holidays, or regular days off. Instead, overtime pay applies only when an employee’s total working hours exceed 40 hours in a single workweek.
What is a workweek under the FLSA?
A workweek is a fixed period of 168 hours or seven consecutive 24-hour days, which can start on any day and at any time chosen by the employer.
For overtime and minimum wage calculations under the FLSA, each workweek is treated separately. Employers cannot average hours across multiple weeks.
Who Qualifies for Overtime Pay in Florida?
Employees in Florida qualify for overtime pay if they are classified as non-exempt under the FLSA. Non-exempt employees include those earning less than $684 per week or $35,568 per year and working in non-exempt positions.
Employees who do not meet the federal overtime exemption requirements are eligible for overtime pay after 40 hours in a workweek. Learn about your overtime rights in Florida.
Overtime Exemptions in Florida
Employees in Florida are exempt from overtime pay under the FLSA if they meet certain job and pay requirements. Common overtime-exempt employees include:
- Executive, administrative, and professional employees who are paid on a salary basis of at least $684 per week (about $35,568 per year)
- Highly compensated employees earning at least $107,432 per year, with at least $684 per week paid on a salary or fee basis
- Outside sales employees
- Certain computer professionals, paid at least $27.63 per hour
- Commissioned sales employees at retail or service businesses (if most earnings come from commissions)
- Drivers, driver’s helpers, loaders, and mechanics working for motor carriers involved in interstate transportation
- Salespeople, partsmen, and mechanics working at automobile dealerships
- Certain agricultural workers, especially those working on small farms
- Employees at seasonal or recreational establishments
- Other specialized jobs may also be exempt, such as railroad workers, taxicab drivers, seamen, and some small-market media employees.
It is important to note that an employee’s job title alone does not determine exemption. Employers must consider the employee’s actual duties and pay structure to determine whether overtime rules apply.
Overtime Pay for Tipped Employees in Florida
In Florida, a tipped employee is someone who regularly receives more than $30 in tips per month, as defined by the FLSA. The law allows employers to pay tipped workers a lower cash wage and apply a tip credit toward the minimum wage requirement.
Florida’s current minimum wage is $14.00 per hour. Employers may pay tipped employees a cash wage of $10.98 per hour and claim a tip credit of $3.02 per hour. However, the employee’s cash wage plus tips must equal at least $14 per hour each workweek. If the total earnings are not enough to reach the minimum wage, the employer must make up the difference.
Tipped employees in Florida must also receive overtime pay for any hours worked over 40 in a workweek. Overtime is calculated using the full Florida minimum wage, not the lower cash wage. The formula is:
Minimum overtime rate = (1.5 × Florida minimum wage) − tip credit
With the current wage rates: 1.5 × $14.00 = $21.00 per hour
$21.00 − $3.02 tip credit = $17.98 per hour
This means a tipped employee in Florida must receive at least $17.98 per hour for overtime, plus any tips they earn. Employers cannot take a larger tip credit for overtime hours than they do for regular hours.
Example:
If a server works 45 hours in a week, the first 40 hours are paid at $10.98 per hour plus tips. The remaining five hours must be paid at $17.98 per hour, plus tips.
In addition, employers cannot keep employees’ tips or require them to share tips with managers or supervisors. Tip pooling is allowed only under certain conditions and usually must involve employees who regularly receive tips, such as servers or bartenders.
Overtime Pay for Salaried Employees in Florida
In Florida, overtime for salaried employees is governed by the FLSA. Salaried employees receive a fixed amount of pay each pay period, regardless of the exact number of hours worked. In most cases, this salary cannot be reduced based on the quality or quantity of work, and the employee must receive their full weekly salary for any week in which they perform work.
If a salaried employee is non-exempt, they are still entitled to overtime pay in Florida. To calculate overtime, the employee’s regular hourly rate must first be determined by dividing the weekly salary by the number of hours the salary is meant to cover.
Employee’s weekly salary: $350 for a 35-hour workweek
Their regular rate of pay: $350 / 35 = $10 per hour
Overtime rate: $10 × 1.5 = $15 per hour
If the employee works 45 hours, overtime pay: 5 (40-5) overtime hours × $15 = $75
If the salary covers fewer than 40 hours per week, the employee is paid their regular hourly rate for any additional hours worked up to 40. Overtime pay only applies after the employee exceeds 40 hours in the workweek.
In the state of Florida, the Fluctuating Workweek Method, also known as “Chinese overtime”, is a way for salaried employees to receive an overtime premium of one-half (0.5) times their regular hourly rate. This means an employee who has a fixed salary and whose work week varies is entitled to this overtime rate.
Use our overtime calculator for seamless calculations.
Overtime Pay for Commissioned Employees in Florida
Employees who earn commissions in Florida are still entitled to overtime pay under the FLSA. Commissions are considered part of an employee’s wages, so they must be included when calculating the employee’s regular rate of pay for overtime purposes.
To calculate overtime, an employer must first determine the employee’s total weekly earnings, including hourly wages, salary, commissions, and certain bonuses.
The employee’s regular rate of pay is then calculated by dividing total earnings by the total number of hours worked in the workweek. Since the employee has already received straight-time pay for all hours worked, the employer only needs to pay an additional half of the regular rate (0.5×) for each hour worked over 40 in the workweek.
Example:
Total weekly earnings: $500 salary + $125 commissions = $625
Hours worked: 45 hours
Employee’s regular rate of pay: $625 / 45 = $13.88 per hour
Overtime premium = $13.88 / 2 = $6.94 per hour
Overtime pay: 5 overtime hours × $6.94 = $34.70 extra
If commissions are calculated and paid later, employers can first calculate overtime based only on the employee’s regular wages or salary. Once the commission amount is determined, they must recalculate overtime and pay any additional amount owed.
When a commission covers several weeks, it must be allocated fairly across those weeks.
Explore our comprehensive guide for calculating overtime in Florida for further information.
Overtime Calculated Using the Fluctuating Workweek Method in Florida
Non-exempt employees working a fluctuating workweek in Florida can earn overtime at 0.5 times their average hourly wage under the FLSA.
A fluctuating workweek is an employment arrangement in which an employee works an irregular number of hours each week but receives a fixed amount of pay. To calculate overtime for a fluctuating workweek, an employer must:
- Determine the average hourly rate by dividing the employee’s weekly salary and any extra pay, such as commissions or bonuses, by the total number of hours worked in that week.
- Calculate overtime pay at 0.5 times this average hourly rate for each hour over 40 in a workweek, because the salary already covers the straight-time portion of those hours.
Employers can only use this method when there is a clear understanding with the employee that the fixed salary covers all hours worked each week, even when the number of hours varies.
Recordkeeping Requirements for Employers in Florida
Employers in Florida are required to maintain accurate records of hours worked and wages paid for all non-exempt employees under the FLSA. These records should clearly show:
- Hours worked each day
- Total hours worked in a workweek
- The employee’s regular hourly pay rate
- Total straight-time earnings (daily or weekly)
- Total overtime pay earned during the week
Employers must also keep related payroll documents for at least two years. Businesses are free to use any timekeeping system they prefer, as long as it reliably records employees’ work hours. Tools like time tracking software can help employers maintain organized records and stay compliant with wage and hour laws.
Penalties for Violating Overtime Laws in Florida
Employers in Florida who fail to follow overtime rules under the FLSA may face significant penalties. The U.S. Department of Labor’s Wage and Hour Division investigates complaints and may audit businesses to ensure they are complying with federal wage laws.
If a violation is found, employers may be required to pay employees the unpaid overtime wages, along with liquidated damages equal to the amount owed. Employees also have the right to file a private lawsuit to recover unpaid wages, as well as attorney’s fees and court costs.
Employers who repeatedly or intentionally violate overtime laws may face civil penalties of up to $1,000 for each violation. In severe cases, willful violations can result in criminal charges, fines of up to $10,000, and possible imprisonment for repeat offenders.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
