In Florida, salaried employees are individuals who receive a predetermined fixed amount of compensation at regular intervals, such as weekly or less frequently.
There are specific laws and regulations that govern the rights and obligations of salaried employees and their employers in Florida.
This article aims to provide an overview of the applicable laws and regulations concerning salaried employees in Florida. It will cover topics such as pay, break and leave entitlements, as well as the distinction between exempt and non-exempt employees.
This article covers:
- Payment of Wages for Salaried Employees in Florida
- Work Hours for Salaried Employees in Florida
- Pay Deductions from Salaried Employees Pay in Florida
- Overtime Exemptions for Florida Salaried Employees
- Salaried Employees on Fluctuating Workweeks in Florida
- Break Entitlements for Salaried Employees in Florida
- Leave Entitlements for Salaried Employees in Florida
- Termination of Employment for Salaried Employees in Florida
- Severance Pay for Salaried Employees in Florida
- Final Wages for Salaried Employees in Florida
In Florida, being paid on a “salary basis” is used in conjunction with the federal Fair Labor Standards Act (FLSA) to determine if the employee is entitled to minimum wage and overtime pay.
However, there are certain exceptions to full payment under the FLSA. To qualify as exempt from minimum wage, the employee must also perform specific job duties.
It’s important to note that the predetermined salary cannot be reduced based on the quality or quantity of the employee’s work.
With some exceptions, exempt employees must still receive their full salary for any week in which they perform any amount of work, regardless of the number of days or hours worked.
However, exempt employees are not required to be paid for workweeks in which they perform no work.
As per the Fair Labor Standards Act (FLSA), salaried employees are entitled to receive their full salary regardless of the number of hours or days they work.
However, if a salaried employee is absent for an entire workweek without any valid reason, the employer is not obligated to provide payment for that week.
Employers are prohibited by the Fair Labor Standards Act (FLSA) from reducing a salaried employee’s pay based on a reduction in work hours or availability, as long as the employee is ready and willing to work.
Similarly, employers cannot deduct pay for half-day absences, meaning that if an employee takes a half-day off, they should still receive their full day’s pay.
Nevertheless, there are permissible deductions that an employer can make from a salaried employee’s pay, such as unpaid disciplinary suspensions, excessive use of benefit days, and personal leaves.
If an employee frequently incurs permissible deductions, they may risk losing their exempt status under the FLSA.
The FLSA, a federal law, safeguards workers in Florida by regulating overtime. However, Florida labor laws do not specifically address this aspect of employee rights.
As such, through federal law, certain salaried workers in Florida, are classified as exempt from overtime under the Fair Labor Standards Act (FLSA). This exemption applies to individuals in management roles including:
- Executive workers, Administrative workers, and Learned and creative professionals, earning at least $684 per week.
- Computer employees, earning at least $684 per week or $27.63 per hour.
- Highly compensated employees, earning $107,432 or more annually.
It’s worth noting that there are other exceptions such as outside sales employees who do not have a minimum salary requirement.
Salaried employees in different positions may be classified as non-exempt and eligible for overtime pay as well.
In Florida, salaried employees have the option to use the Fluctuating Workweek Method to calculate their overtime pay.
Under this method, if an employee has a consistent salary but works varying hours each week, they are eligible to receive an overtime premium of one-half (0.5) times their regular hourly rate.
This allows salaried employees with fluctuating workweeks to receive additional compensation for the overtime hours they work.
It’s important to emphasize that while salaried employees typically aren’t required to keep detailed records of their work hours, situations like the above can benefit from tracking overtime hours. Timesheet templates can also be used to guarantee accurate recording of overtime hours, and specialized overtime compliance software ensures compliance with labor laws.
In Florida, neither state nor federal law requires employers to provide their employees with rest breaks or meal breaks during an 8-hour shift.
However, employers and employees have the flexibility to mutually agree on rest intervals lasting between 5 to 20 minutes, which are considered compensatory time.
Meal breaks, known as bona fide meal periods, are not considered working hours and do not require compensation. Typically, these breaks last at least 30 minutes.
However, employees who need to eat while performing job duties, such as a receptionist on phone duty, are entitled to compensation for the time spent eating.
In Florida, salaried employees have access to different types of leave. Required leave includes holidays leave for public employers, parental and family medical leave, jury service leave, military service leave, and emergency response leave. Public employers are required to provide paid days off for certain state and religious holidays.
Parental and family medical leave can be taken for severe sickness or caring for a newborn, with up to six months of unpaid leave available for state employees. Jury service leave allows employees to take time off for jury duty, with compensation varying depending on employment status.
Military service leave guarantees employees can take leave without loss of pay or benefits. State agency workers may also be granted paid emergency response leave for voluntary work, up to a maximum of 120 working hours in a 12-month period.
Learn more in detail about Florida Leave Laws.
In Florida, employment is considered “at-will,” allowing both the employer and the employee to terminate the job without providing a reason.
However, it is important to note that it is illegal for an employer to fire an employee based on factors such as age, gender, race, nationality, disability, or marital status.
Such wrongful termination can lead to legal action against the employer.
Florida labor laws do not mandate companies to provide severance pay to employees who are laid off through no fault of their own.
However, it is common for companies to offer severance pay in certain situations, such as plant closures or significant workforce reductions that affect multiple locations of a national company.
While there is no fixed standard, the specific amount of severance pay for salaried employees is usually determined based on the duration of their employment prior to being laid off.
Common payout practices dictate that employees with less than one year of employment may receive between two to four weeks of pay, those with less than two years of employment may receive three to eight weeks of pay, and employees with less than three years of employment may receive four to twelve weeks of pay.
In general, the longer an employee has been with the company, the higher the severance pay they can expect to receive.
Regarding the timing of the final paycheck for terminated employees in Florida, there are no specific state regulations in place.
According to the Department of Labor, employers are not obligated to provide the final paycheck immediately after termination but can do so on the next scheduled payday.
If an employee does not receive their final paycheck on the designated payday, they can seek assistance from the Department of Labor’s Wage and Hour Division or the Florida Department of Economic Opportunity (DEO).
Learn more about Florida Labor Laws through our detailed guide.
Important Cautionary Note
When making this guide we have tried to make it accurate but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred for use of this guide.