Overtime regulations in Florida state that an employee is eligible to receive overtime pay at 1.5 times their regular hourly wage if they work for more than 40 hours in a standard workweek.
Florida follows the FLSA, which mandates that employees who work more than 40 hours in a workweek are eligible to receive overtime compensation at 1.5 times their regular hourly wage.
Currently, minimum overtime wage in Florida stands at $18.00/hr.
Non-exempt employees, who earn less than $844 a week, are eligible to receive overtime pay in Florida.
No. Florida does not have a daily overtime threshold. Overtime only applies of an employee works for more than 40 hours in a given workweek.
Yes.
Salaried employees in Florida can receive overtime as long as they are categorized as non-exempt by FLSA standards. An employee is considered non-exempt in Florida if they earn less than $844 weekly.
The FLSA states that the following occupations are exempt from receiving overtime pay in Florida:
- Executives, administrative, computer employees, and learned and creative professionals compensated on a salary basis and earning at least $844 per week
- Highly compensated employees receiving a regular salary with a total annual compensation equal to or exceeding $132,964 (at least $844 weekly)
- Outside sales employees and employees working varying schedules using the Fluctuating Workweek Method (FWW)
In Florida, private sector employers cannot offer compensatory time off instead of overtime pay. However public sector employers may under certain conditions.
Yes, Florida law states that if a part-time employee works more than 40 hours in a workweek, they are eligible to receive overtime at 1.5 times their regular hourly wage.
To calculate overtime for part time employees:
- Multiply their regular wage by 1.5 to get their hourly overtime rate.
- Deduct the amount for tip credit from the hourly overtime wage amount.
- The resulting amount is the overtime rate for tipped employees.
- Multiply the result with the number of hours worked as overtime to calculate the amount of compensation due.
No.
You can not refuse to work overtime in Florida. Employers in Florida can terminate your work contract of you do so. An employee can only refuse overtime if their employment contract allows it or if they have rights through a labor union.
Yes, non-discretionary bonuses affect overtime pay in Florida. A non-discretionary bonus is a type of bonus or reward that an employee can know about and expect to receive. These bonuses include:
- Bonuses calculated according to a set formula
- Bonuses announced to motivate employees
- Bonuses granted as a reward for quality work.
- Attendance bonuses
- Safety bonuses
These bonuses have to be included in the regular rate of pay for overtime calculations.
A fluctuating work week is where an employee works irregular hours in a week but is paid a fixed salary. This type of arrangement is also known as ‘Chinese overtime’.
In Florida, if an employee works more than 40 hours in a week, they are entitled to receive overtime pay at half-time for all additional hours worked.
Yes, mandatory overtime is legal in Florida. An employer can require an employee to work extra hours. This is legal as long as the employee is rightfully compensated at 1.5 times their regular hourly rate.
Florida law does not mandate meal or rest breaks. However, an employer can provide meal and rest breaks at their discretion. If a meal break lasts 20 minutes or less, it must be paid and if required, counted towards overtime calculations. However, meal or rest breaks lasting more than 30 minutes are unpaid.
No, an employee is not legally allowed to waive their overtime rights. All non-exempt employees are entitled to receive overtime compensation.
A teenager can work up to 30 hours in a week during school season. They can not work more than 30 hours without the permission of their parents.
Further, teenagers can only work a maximum of 8 hours between 6:30 a.m. and 11 p.m., and they must have a break of 30 minutes scheduled after every 4 hours.
There are no specific regulations governing holiday overtime in Florida. If you work on a holiday in the state, you are not entitled to receive overtime pay.
However, you may receive overtime pay if the hours you work on a holiday make your weekly total exceed 40.
It is ideal to file your wage claim as soon as possible, as Florida’s statues of limitations will allow you to recover overtime wages for the recent two years. However, there is an exception. According to the FLSA, if you can prove that your employer intentionally violated the state’s overtime laws, you can claim unpaid wages for up to 3 years.
An employer can face the following penalties for not paying overtime pay:
- An employee can claim the full overtime pay they were due to receive for their hours worked as overtime.
- An employee can pursue liquidated damages.
If an employer did not pay overtime due to negligence or bad faith, they may have to pay double the amount of overtime pay as liquidated damages.
Florida does not have its own department to handle overtime wage complaints. If you believe that your employer has not paid you your overtime wages, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or seek legal advice from an employment attorney. An employee in Florida has 4 years to file a lawsuit against their employer to claim their overtime wages.
