Florida Overtime Laws Explained: A Guide for Employers

Posted by Florida Resource Management on January 19, 2024

Do you own or operate a business that requires any volume of staffing in Florida?

If so, then it’s crucial to possess a baseline understanding of employment law, particularly as it pertains to overtime. There are certain regulations businesses must follow when it comes to paying workers for the time they work beyond a typical work week (40 hours).

Here’s a quick glimpse at how that works in the Sunshine State.

Florida Overtime Laws - The Basics

Florida’s employment regulations (for paying overtime) closely reflect what you would find at the federal level under the Fair Labor Standards Act (FLSA). That legislation defined a “work week” as 40 hours of work within a seven-day period. Whenever a worker exceeds that work total, they are entitled to an overtime premium.

How much is that premium?

In most states, including Florida, the premium is 1.5 times the rate an employee would normally earn. So, if someone has a base pay of $20 per hour, and they work 50 hours in a week, you could calculate their paycheck as thus:

[$20 X 40 hours] + [$20 X 1.5 X 10 hours] = $1,100

That shows you how you would combine the regular time (first bracket) with the overtime hours (second bracket) to reach their total weekly wages.

Florida also awards manual laborers for any work they do beyond 10 hours per day. This gives them an additional premium along with what they receive for working past 40 hours a week (if applicable). 

When Are Their Exemptions?

Obviously, there are employees who do not receive overtime pay for working past 40 hours a week. These are normally persons in salaried positions who are exempt from the FLSA and Florida laws for one of several reasons.

  • They perform a task considered as executive, administrative, or professional. This includes CEOs, directors, most accountants, managers, supervisors, and so forth.
  • Their responsibilities fall under the category of “outside sales,” which involves making sales or placing orders outside of an employer’s workplace. Be careful if you have employees or contractors who fall under this distinction, however, because it can be a cause for litigation if there is any suspicion of job misclassification.
  • Independent contractors (AKA 1099 workers) are also exempt from FLSA and Florida overtime provisions (again, assuming proper job classification).
  • What about holiday pay? Florida, unlike other jurisdictions, does not require any special premiums when an employee works during holidays.

What Are the Consequences of Failing to Pay Overtime in Florida?

The penalties for violating overtime laws are similar in Florida as they are under the FLSA. If an employee notifies their employer of a discrepancy, and they don’t fix it, then they can file an unpaid-wages claim. If the courts rule in the employee’s favor, each infraction incurs a $1,000 fine onto the employer.

We hope this clears up any misperceptions regarding Florida’s overtime stipulations. Since this is only an introductory summary of overtime laws, we invite you to partner with Florida Resource Management to gain professional support with handling these matters.

Contact us anytime to discover the advantages of outsourcing some of your HR tasks (including overtime management) by calling 941-343-6160.

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