Compliance Watch:

What are my rights as a salaried employee in Florida?

As per the regulations of the Fair Labor Standards Act (FLSA) and labor laws in Florida, salaried workers receive a predetermined amount at agreed intervals, such as bi-weekly or monthly. This full payment remains consistent regardless of the number of hours worked per week.

Typically, the fixed salary of these employees encompasses compensated sick leave as they often meet the criteria for Family and Medical Leave Act (FMLA) benefits.

The FLSA designates certain employees as exempt, and this includes many salaried personnel, particularly those in managerial roles (executives, administrators, other professionals, and computer science staff). If you belong to the salaried category but do not hold one of these positions, you might fall under the non-exempt category and thereby qualify for overtime compensation.

Here are some essential points to understand regarding salaries according to Florida employment law:

• Both federal and state legislation protect employees’ rights and provide remedies for violations. When federal and state laws cover the same issue, the law offering greater protection applies.
• Key federal laws include the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), and Occupational Safety and Health Act (OSHA).
• Discrimination during the hiring process based on race, color, religion, sex, age, disability, or genetic information is illegal.
• Employers cannot force job applicants to take a drug test against their will.
• In Florida, employment is “at-will,” but termination for illegal reasons is prohibited.
• Employees have the right to a minimum wage set at $12; Florida’s minimum wage has specific increments over time (on September 30, 2024, Florida will increase its rate to $13).
• Florida overtime laws require fair compensation for work beyond 40 hours in a workweek pegged at 1.5 times regular wage ($18 for minimum wage workers).
• Under FMLA, employees are entitled to unpaid leave for certain health-related situations.
• Employers cannot discriminate or create a hostile work environment based on protected characteristics.
• Employers must provide safe working conditions and proper training for employees’ protection.

It’s important to note that this summary provides a general overview. If you require/ need specific legal advice or believe your rights have been violated, consulting with an employment law attorney is recommended.

Yes. Contrary to popular belief, being salaried does not automatically exempt you from overtime pay.

Certain categories of salaried employees can be exempt from overtime, yet not all salaried employees are ineligible for overtime. The state adopts federal definitions for four ambiguous categories: 

• Professionals: Possessing advanced knowledge and expertise accumulated through years of experience, which they employ to oversee departments within the organization.
• Executives: Possess advanced knowledge and expertise and have authority over hiring and firing decisions.
• Computer Employees: Roles like software engineers, computer programmers, or analysts.
• Administrative Employees: Having roles in accounting, quality control, human resources, personnel management, or labor relations.

Further, in line with federal law changes effective January 1, 2020, salaried employees still eligible for overtime pay must:

• Earn less than $684 weekly.
• Earn less than $35,568 annually.
• Earn less than $1,043 weekly for those in the motion picture industry.
• Earn under $107,432 yearly for “highly-compensated employees.”

“Highly-compensated employees” refer to those who own more than 5% of a company and can meet the $107,432 limit through a weekly salary (meeting or exceeding the $684 minimum) combined with commissions, bonuses, and additional compensation beyond their weekly base pay.

For employees not falling within the aforementioned categories, considered non-exempt, overtime compensation of one-and-a-half times their base rate is required for any hours worked beyond 40 hours in a week. Florida law also mandates overtime for over 10 hours worked in a single day.

Florida lacks its own specific or general wage deduction laws. Instead, the state abides by the guidelines outlined in the Fair Labor Standards Act (FLSA), a federal statute, as set forth by the Department of Labor. 

State-level wage deduction laws exhibit variability, while Florida follows the minimum standards dictated by the FLSA. In Florida, adhering to wage deduction prerequisites mandates prior written authorization from the employee. In the absence of such consent, non-mandated deductions are deemed unlawful. 

Instances of wage deductions encompass various elements such as:

• FICA taxes
• Membership fees for gyms
• Health insurance scheme premiums
• Uniform costs for employees
• Tools utilized during employment
• Contributions to retirement savings
• Garnishments for defaulted loans
• Garnishments for child support
• Garnishments for alimony
• Deductions for investments

Specific regulations govern the deduction of wages for employees. Employers bear responsibility for any unlawful deductions, which could result in remedies such as back pay, liquidated damages, and reimbursement of legal fees for Florida employment attorneys.

Permissible employee wage deductions extend up to the final paycheck following resignation or termination. Legislation related to final paychecks necessitates that employers remit payment on the subsequent regular payday after the employee’s last working day.

Unlike certain states such as California and New York, which impose strict obligations on employers to offer breaks, Florida does not fall into this category. The decision to allow employees meal breaks and rest breaks largely rests with the employer’s discretion.

As such, within the state of Florida, employers are not obliged to grant meal periods or rest breaks to employees aged 18 and above. Instead, employers are guided by the regulations outlined in the federal Fair Labor Standards Act (FLSA), which similarly does not mandate such breaks. It’s worth noting that Florida’s sole requirement for a meal break pertains to employees under the age of 18.

In Florida, a “flexible work schedule” refers to a schedule that necessitates approval to deviate from the standard work hours, usually amounting to 40 hours per week for full-time employees. Variations could encompass working on weekends, extending over consecutive days, and embracing durations exceeding or falling short of the standard eight hours per day. Furthermore, a flexible work schedule might be essential during an extended work period if the weekly hours fluctuate (averaging around 40 hours) or consistently surpass 40 hours.

The work schedule assigned to the employee, whether conforming to the standard or adhering to flexibility, establishes the routine hours the employee is expected to work. Consequently, in most cases, work schedules are designed to be “permanent” in nature. This signifies that once they are established, changes should not be made arbitrarily unless there is a shift in business requirements or the adjustment is sanctioned by the agency to address an ongoing employee necessity.

An exempt employee refers to a category of worker not entitled to receive overtime pay for surpassing 40 hours in a week. This exemption pertains to employees earning a salary of at least $684 weekly ($35,568 annually) and engaging in specific job duties, encompassing roles like executive, administrative, professional, computer-related, or outside sales positions. These job responsibilities are legally defined within the FLSA, and additional details can be found on the Department of Labor’s website.

Exempt employees offer several advantages to businesses, especially in managerial capacities, granting them the flexibility to work beyond the 40-hour limit without extra remuneration. Their hiring can lead to enhanced efficiency, cost reduction, and the cultivation of a culture centered on dedication and cooperation. Often, exempt employees enjoy more adaptable schedules, ultimately resulting in job satisfaction and heightened productivity.

To ensure adherence to the FLSA and Florida Labor Laws, comprehending their implications for exempt employees is vital. Employers must accurately classify their workforce in alignment with the legal differentiation between exempt and non-exempt workers. Missteps in this regard could result in wage and hour disputes, claims, and legal actions that could prove financially burdensome for businesses.

When making classification determinations, meticulously assessing the employee’s job description and duties is crucial in gauging whether they align with the legal criteria for exempt employees. Incorrectly categorizing employees, whether through intention or negligence, could give rise to complaints, disputes, and legal complications that have the potential to incur substantial costs for your business.

Determining whether you fall under the category of an Exempt or Non-Exempt Employee in Florida involves applying three fundamental tests, as established by the FLSA:

• Salary Level Test: Employees earning an annual salary surpassing $35,568 ($684 per week) possess eligibility (though not guaranteed) to be classified as exempt.
• Salary Basis Test: Employees receiving a guaranteed minimum compensation, regardless of the actual hours worked, may qualify (though not guaranteed) for exempt status.
• Duties Test: An employee satisfying the requirements outlined in the first two tests must also perform exempt job duties, which may encompass executive duties that involve supervising two or more employees as a regular aspect of the job, professional duties that encompass engaging in intellectual activities necessitating specialized education and the use of discretion and judgment, and administrative duties that entail executing supportive operations related to significant matters, demanding discretion and judgment.

Download U.S. FLSA Exemption Salary Threshold 2024 Poster now.

Currently, Florida’s minimum wage stands at $12 per hour, but it is scheduled to increase to $13.00 by September 30, 2024. For salaried employees, a weekly minimum of $684 is required.

Florida’s regulations dictate that employers adhere to the prevailing minimum wage. Nevertheless, they have the option to offer higher compensation for roles that require specific skills.

Additionally, employers are obligated to exhibit the Florida Minimum Wage Poster in a prominent spot at their workplace.

Similar to hourly employees, if a salaried employee exceeds 40 working hours within a given workweek, they are eligible for an overtime wage of one and a half times their regular rate. Explore our comprehensive guide for calculating overtime in Florida for further information.

As per the Fair Labor Standards Act (FLSA), employers are forbidden from reducing the salary of a salaried employee based on reduced work hours or availability, given that the employee remains prepared and willing to perform their duties.

In a similar vein, employers are not allowed to deduct pay for half-day absences. This implies that if an employee takes a half-day off, their full day’s pay should still be provided.

Nonetheless, there exist permissible deductions that employers can deduct from the pay of salaried employees, including unpaid disciplinary suspensions, excessive use of benefit days, and personal leaves.

Should an employee frequently face permissible deductions, they might potentially jeopardize their exempt status under the FLSA.

Florida laws offer various protections and benefits which include the following:

• Florida regulations forbid employers from engaging in discrimination and retaliation against workers in various protected categories. Additionally, employers are mandated to ensure pay equity and safeguard individuals who blow the whistle on misconduct. 
• The state of Florida mandates the utilization of E-Verify and allows for pre-employment background screenings and drug tests. 
• Florida enacts laws governing employee compensation and benefits, encompassing wage disbursement, salary deductions, and the continuation of healthcare coverage. 
• Employees hold entitlements to specific leaves or periods off, encompassing domestic violence leave, jury duty leave, witness leave, military leave, and Civil Air Patrol leave. 
• Florida strictly prohibits smoking in workplaces and texting while driving. Moreover, employees are granted the right to carry firearms within privately owned vehicles on employer premises.
• Upon the conclusion of employment, Florida employers must adhere to pertinent final compensation and job reference stipulations.
• In Florida, obligations concerning the minimum wage and the employment of minors are also outlined.

Instances of violations in labor or employment law might pertain to wage and hour discrepancies, hazardous work environments, or prejudicial treatment. In Florida, it’s generally necessary to file reports concerning labor or employment law violations with the nearby branch of a federal agency. 

Florida lacks its own entities for implementing wage and hour or workplace safety protocols. The selection of the appropriate agency hinges on whether the grievance pertains to wages and hours, unsafe working conditions, or workplace bias.

A discrimination charge can be initiated against employers (or potential employers for an applicant) by completing a questionnaire provided by the Florida Commission on Human Relations (FCHR). 

Employees can utilize an online complaint form by OSHA to report any unsafe conditions or hazards at the workplace. This form requires comprehensive details about the company and work site, along with a thorough description of the hazard and its location. 

To file an hours or wages complaint with the Department of Labor’s Wages and Hours Division (WHD), employees can contact a regional office or locate the nearest WHD area office for a visit in person.