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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.
Meet some of our Employment Lawyers
Gamal H.
I am a commercial contracts attorney with twenty years of experience. I have represented major corporate clients including Amazon, Marvel, and Viacom as well as independent entertainment professionals and technology startups.
Ralph S.
Ralph graduated from University of Florida with his JD as well as an LLM in Comparative Law. He has a Master's in Law from Warsaw University , Poland (summa cum laude) and holds a diploma in English and European Law from Cambridge Board of Continuous Education. Ralph concentrates on business entity formation, both for profit and non profit and was trained in legal drafting. In his practice he primarily assists small to medium sized startups and writes tailor made contracts as he runs one of Florida disability non profits at the same time. T l Licensed. in Florida Massachusetts and Washington DC this attorney speaks Polish.
Rodrigo M.
Mexican Lawyer specialized in Corporate, Fintech and Financial Law
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Yoann E. A. L.
For over 15 years, I accumulated both hands-on technical and business experience as an IT engineer and entrepreneur, enabling me to understand your challenges probably better than anyone else on the legal market! My California-based full-online practice focuses on: - Intellectual Property (Copyright / Trademarks) - Privacy / Data Protection - Commercial matters (e.g. service contracts) - Corporate (e.g. incorporation, restructuring)
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Melanie C.
Melanie Cunningham specializes in helping entrepreneurs remain creative and expansive by establishing the foundation of their business and protecting and maximizing their intellectual property. It’s her belief that entrepreneurs and micro and small business owners play a critical role in our communities, which propelled Melanie to return to private practice after more than a decade working for global financial institutions. Melanie’s practice is dedicated to delivering excellent legal support and protection to this vital, but an often underserved, community. Melanie credits her business training and the skills developed as a senior compliance officer with enabling her to help small business owners have a legally compliant business, while proactively advising clients during the growth process. She’s helped diverse entrepreneurs do business in a way that focuses more on collaboration than competition. Melanie has counseled small business owners in determining what is protection worthy (helping them obtain trademarks and copyrights) and making contact on their behalf in the case of infringement.
November 1, 2021
Christopher B.
Former litigator now focusing on transactional business work
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