Overtime Pay Laws in Florida

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What Are the Overtime Pay Laws in Florida?

The Fair Labor Standards Act (FLSA) sets guidelines for overtime pay laws in Florida. The standard rate for overtime pay is one and half times the worker’s regularly paid hourly rate.
When employees work more than 40 hours in a work week, they are entitled to receive overtime pay for additional hours worked. The FLSA defines a week as a specific 7 day period.

Are All Employees Eligible for Overtime Pay?

The FLSA overtime pay guidelines ensure that most manual and hourly workers receive overtime pay rates. Emergency, fire and police personnel receive overtime pay, as do manufacturing employees, nurses, and legal staff. All of these professions often require long hours and multiple shifts.

Many salaried employees are exempt from overtime eligibility. In 2015, the Obama administration proposed a series of changes that would affect Florida’s overtime laws and significantly increase the amount of salaried professionals eligible for overtime pay.

Currently, if an employee earns more than $455 a week on a salary, they are exempt from overtime pay. The new proposal would increase that amount to $970 a week and make 370,000 additional employees eligible for overtime pay. This would mean that salaried employees making less than $50,440 per year would be eligible for overtime pay when they work more than 40 hours in a week.

How Do Florida’s Overtime Pay Laws Compare to Other States?

A few states have a daily overtime requirement in addition to the weekly requirement, but Florida is not one of them. An employee will gain overtime pay when they work more than 40 hours a week.

Florida does not have additional overtime pay laws of its own and relies on the FLSA guidelines to establish its rules for overtime pay.

Do I Need a Lawyer?

False reporting, requiring unpaid compensable time, offering compensatory time instead of overtime pay, and miscalculating overtime pay are ways employers sometimes neglect to pay overtime that they are legally required to pay. If you are eligible for overtime and are not receiving it, an employment lawyer can work on your behalf to establish fair and legal wages. If you are not receiving overtime because of discriminatory practices or other unfair conditions, a lawyer can help you build a case and represent you during legal action. If you win, you may be entitled to back overtime wages owed to you.

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Last Modified: 03-15-2016 11:43 AM PDT

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