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Florida Overtime Law
Florida overtime law protects both employers and employees from unfair and unethical practices. Employers must pay employees a fair wage, which includes overtime worked. Florida labor lawyers can help a business remain compliant under existing laws.
Overtime Pay
Florida employees receive overtime pay for each hour of overtime worked in two ways:
- Overtime compensation at a pay rate of 1.5 times the regular rate
- Compensatory time for taking time off at a rate of 1.5 times the regular rate
Employers don’t have to pay time-and-a-half for work on national or federal holidays. However, they can facilitate this type of pay as an employee benefit.
For comparison, here is what the Department of Labor (DOL) says about overtime pay.
Overtime Minimum Wage
Florida’s overtime minimum wage is $12.98 per hour. This rate will increase incrementally every year on September 30th through 2026.
Overtime minimum wage per hour in Florida will increase as follows:
- 2021: $15.00
- 2022: $16.50
- 2023: $18.00
- 2024: $19.50
- 2025: $21.00
- 2026: $22.50
When Do Florida Employees Receive Overtime?
Under Florida and federal Fair Labor Standards Act (FLSA) laws, Florida employees generally receive overtime when meeting the following conditions:
- Workweeks exceeding 40 hours
- Manual laborers working more than 10 hours days
Jobs Exempt From Overtime Pay
There are jobs exempt from overtime pay rules. In general, these include executive, administrative, professional, and outside sales. Exempt employees make the same rate, regardless of hours worked, except for bonuses and benefits.
Executive Overtime Exemptions
Executive employees include officers and senior managers. Executive overtime exemptions apply:
- Earns at least $684 per week, and
- Heads a department or subdivision, and
- Manages at least 2 full-time employees, and
- Has authority to terminate and hire employees
Administrative Overtime Exemptions
Administrative employees include regional and department managers. Administrative overtime exemptions apply when:
- Earns at least $684 per week, and
- Performs non-manual office work, and
- Exercises independent judgment over business matters
Professional Overtime Exemptions
Professional employees include marketing or human resources managers. Professional overtime exemptions apply when:
- Earns at least $684 per week, and
- Performs work requiring advanced knowledge
- Advanced knowledge must be in a professional field
- Engages in lifelong learning to remain current
Outside Sales Overtime Exemptions
Outside sales employees are contractors. Outside sales overtime exceptions apply when:
- Primary function is to make sales
- Not under managerial control
- Engages as an independent business
- Spends time away from the worksite
Florida employment lawyers can help you calculate employee overtime wages, understand law exemptions, and handle salaried employees’ compliance.
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