Complete Overtime Guide for Florida Employers

July 19th 2024

Adhering to overtime regulations can be challenging for Florida employers who are unfamiliar with them. To ensure compliance and foster a fair and productive workplace, employers need to understand key concepts such as employee classification, accurate overtime calculation, and the enforcement mechanisms in place. By understanding these areas, employers can avoid legal pitfalls, ensure fair compensation for their workers, and maintain a positive work environment.

This article aims to provide a comprehensive overview of overtime laws in Florida.

This Guide Covers

What is Overtime Pay in Florida?

Overtime pay refers to the additional compensation that employees receive for working beyond the regular hours. In Florida, overtime pay is regulated by the Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees are entitled to receive overtime pay at one and a half times their regular hourly wage for any hours worked over 40 in a workweek.

Which Hours Count as Overtime in Florida?

In Florida, overtime hours are any hours worked over 40 in a workweek. This means that non-exempt employees who work more than 40 hours in a seven-day period must be paid at an overtime rate of one and one-half times their regular pay for each hour over 40. Employers must note that only hours worked count towards the 40-hour threshold. Paid time off, such as holidays, sick days, and vacation days, do not count as hours worked when calculating overtime.

How Much is Overtime Pay in Florida?

Employers in Florida are mandated to compensate overtime hours at a rate of at least one and a half times their regular hourly wage for any hours worked over 40 in a workweek. For example, if an employee’s regular hourly wage is $10, their overtime pay rate would be $15 per hour for each hour worked beyond the 40 in a single workweek.

In Florida, the minimum wage is $12 per hour, which means the minimum overtime rate is $18 per hour.

Who is Entitled to Overtime Pay in Florida?

In Florida, the entitlement to overtime pay primarily depends on whether an employee is classified as exempt or non-exempt under the FLSA. Non-exempt employees are entitled to overtime pay for any hours worked over 40 in a workweek. This includes mostly hourly workers, as well as certain salaried employees who earn below a specific threshold and do not meet the criteria for exempt status.

On the other hand, exempt employees are not entitled to overtime pay. These employees perform executive, administrative, or professional duties and meet both the salary basis test and the job duties test set forth by the FLSA.

Employers must correctly classify employees to ensure compliance with overtime regulations and avoid potential legal issues.

Who is Exempt from Overtime Pay in Florida?

The FLSA defines various exemptions from overtime pay. Employees must meet the following criteria to be exempt from overtime requirements:

  • Salary Basis Test: The employee must be paid a fixed salary, regardless of hours worked or workload. This means they must be salaried rather than hourly.
  • Salary Test: The employee’s salary must meet the minimum threshold for exemption. As of 2024, the minimum salary threshold in Florida is set at $844 per week or $43,888 annually.
  • Duties Test: The employee’s job duties must primarily involve administrative, professional, or executive tasks that require independent judgment and discretion.

In addition, certain other employees and occupations are exempt from overtime, including:

  • Airline employees
  • Commissioned sales employees
  • Computer professionals
  • Drivers, driver helpers, and loaders
  • Live-in domestic employees
  • Farmworkers on small farms
  • Federal criminal investigators
  • Outside sales employees
  • Railroad employees
  • Salesmen and mechanics
  • Taxicab drivers

How Do You Calculate Overtime Pay in Florida?

Calculating overtime pay in Florida involves determining the employee’s regular rate of pay and then multiplying the overtime rate by hours worked beyond the standard 40-hour workweek. Here’s a quick guide on how to calculate an employee’s overtime pay:

  • Determine the employee’s regular rate of pay: The regular rate of pay is usually the employee’s hourly wage. However, for salaried employees, it is calculated by dividing their total earnings in a workweek by the total number of hours worked.
  • Apply the overtime rate: The overtime rate in Florida is one and a half (1.5) times the regular rate of employees. If an employee earns $12 per hour, their overtime rate would be $18 per additional hour.
  • Identify the overtime hours: Determine the hours worked beyond 40 hours in a workweek. If an employee worked 50 hours in a workweek, the overtime is ten.
  • Calculate overtime pay: Multiply the overtime hours by the overtime rate to get the overtime pay. If the employee worked ten additional hours and has an overtime rate of $18 per additional hour, then the overtime pay would be $180.

Learn more about Florida Overtime Laws in our detailed guide.

When Should Overtime Pay Be Given Out in Florida?

In Florida, overtime pay should be given out according to the regular payroll schedule that the employer has established. Under FLSA, which governs overtime regulations, employers are required to pay overtime wages on the regular payday for the pay period in which the overtime work was performed. This means if an employee works overtime during a specific pay period, the additional pay for those overtime hours must be included in the paycheck for that period.

For example, if an employee’s pay period is bi-weekly and they work overtime during the first week of the pay period, the overtime pay should be included in the paycheck they receive at the end of that bi-weekly period.

Are All Businesses in Florida Required to Pay Overtime?

Yes, generally, all businesses in Florida are required to pay overtime to eligible employees under the FLSA. The FLSA applies to interstate commerce businesses with an annual gross volume of sales or business of at least $500,000. This means that most employers, regardless of size or industry, must comply with federal overtime pay requirements if they meet these criteria.

In addition, even if a business does not meet the FLSA’s interstate commerce or sales thresholds, employees may still be covered under the FLSA if they are engaged in interstate commerce activities or closely related occupations, such as those handling goods that have been moved in interstate commerce.

Which Law Governs Overtime in Florida?

Florida does not have its own state-specific overtime laws, so it adheres to the federal standards set forth by the Fair and Labor Standards Act. The FLSA sets the national standards for minimum wage, overtime pay, recordkeeping, and child labor for most employees in the private sector and federal, state, and local governments.

Under the FLSA:

  • Non-exempt employees are entitled to overtime pay at a rate of one and a half times their regular rate of pay for any hours worked over 40 in a workweek.
  • The minimum rate of pay is 1.5 times the employee’s regular rate of pay.
  • Overtime compensation is not required for night, weekend, or holiday work unless overtime hours are worked during this time.
  • A standard workweek in Florida consists of seven consecutive 24-hour periods, and employers have the flexibility to set their workweek. No maximum limit exists on the number of hours an employee can work a day or week.

Who Enforces Florida Overtime Laws?

In Florida, overtime laws are enforced by the U.S. Department of Labor’s Wage and Hour Division (WHD). Since Florida follows the federal FLSA for its overtime regulations, the WHD is responsible for ensuring compliance with these laws. The WHD investigates complaints, conducts inspections, and enforces the provisions of the FLSA, including overtime.

Employees who believe they have not received the correct overtime pay can file a complaint with the WHD. Hence, employers are encouraged to adhere to FLSA regulations to avoid penalties and legal repercussions.

What is the Penalty for not Paying for Overtime in Florida?

Employers who intentionally or repeatedly violate the FLSA by not paying overtime wages can face a civil penalty of up to $1,000 per violation. If the violation is deemed willful, criminal charges could be pursued, resulting in fines of up to $10,000, and repeated offenders may even face imprisonment.

If an employer fails to pay overtime wages, employees are entitled to receive not just the back wages owed but also liquidated damages. Liquidated damages are equal to the unpaid wages, effectively doubling the amount of unpaid overtime.

How Can You Ensure Overtime Compliance in Florida?

Ensuring overtime compliance in Florida involves several key steps, which begin with thoroughly reviewing job duties and salary levels of employees to accurately classify employees as exempt or non-exempt based on the criteria outlined by the FLSA.

Employees are advised to maintain precise records of all hours worked by non-exempt employees, including any overtime hours. Employers should implement reliable time and attendance tracking systems to track work hours accurately and train supervisors and managers on the importance of adhering to overtime rules. Regular audits of payroll practices can help identify and correct any discrepancies or compliance issues.

In addition, staying informed about changes in labor laws and regulations is crucial to ensure ongoing compliance. Employers should establish clear policies regarding overtime work and communicate these policies effectively to all employees.

Learn more about Florida Labor Laws through our detailed guide.

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.