Florida Overtime Laws: When You're Entitled to Time-and-a-Half Pay

Quick Answer: Florida does not have a state overtime law—federal FLSA applies. You're entitled to 1.5x your regular rate for hours worked over 40 per week unless you're exempt. Exemption requires meeting both a salary threshold ($43,888/year as of July 2024, increasing to $58,656 in January 2026) AND duties tests. File overtime complaints with the U.S. Department of Labor or pursue a private lawsuit.

Working over 40 hours? You may be owed overtime.

Florida Overtime Basics

Federal Law Applies

Florida has no state overtime law:

• Federal Fair Labor Standards Act (FLSA) governs
• Same rules as most states without state laws
• U.S. Department of Labor enforces

The Basic Rule

Overtime = 1.5 times regular rate for hours over 40/week

Example:

• Regular rate: $20/hour
• Overtime rate: $30/hour
• 50 hours worked: (40 × $20) + (10 × $30) = $1,100

Weekly Calculation

Important: Overtime is calculated per workweek, not:

• Per day (no daily overtime in Florida)
• Per pay period
• Averaged over multiple weeks

Who Gets Overtime

Nonexempt Employees

Generally entitled to overtime:

• Hourly employees
• Salaried employees below salary threshold
• Salaried employees who don't meet duties tests
• Most workers unless proven exempt

The Default Is Nonexempt

Key principle: Employees are presumed nonexempt unless employer proves exemption applies.

Exemptions from Overtime

The Two-Part Test

To be exempt, employee must meet BOTH:

1. Salary threshold - Minimum salary requirement
2. Duties test - Perform primarily exempt work

2024-2026 Salary Thresholds

Below threshold = entitled to overtime regardless of job duties.

Executive Exemption

Duties test:

• Primary duty is management
• Regularly directs 2+ employees
• Authority to hire/fire (or recommendations given weight)

Administrative Exemption

Duties test:

• Office or non-manual work
• Related to management or business operations
• Exercises discretion and independent judgment

Professional Exemption

Learned professional:

• Advanced knowledge
• In field of science or learning
• Acquired through prolonged specialized study

Creative professional:

• Requires invention, imagination, originality
• In recognized artistic field

Computer Professional Exemption

Duties test:

• Systems analysis, programming, software engineering
• Must involve high-level work

Hourly rate option: $27.63/hour minimum

Outside Sales Exemption

Duties test:

• Primary duty is making sales
• Regularly works away from employer's place of business

No salary requirement for outside sales.

Highly Compensated Employee

Total compensation of $107,432+ per year:

• Must perform at least one exempt duty
• Easier to qualify once threshold met

Common Overtime Violations

Misclassification as Exempt

Calling employees "exempt" who don't qualify:

• Below salary threshold
• Don't meet duties test
• Job title doesn't match actual work

Example: "Manager" who spends 90% of time doing non-managerial work.

Off-the-Clock Work

Not paying for all hours worked:

• Pre-shift setup
• Post-shift cleanup
• Work during meal breaks
• Work from home

Comp Time Instead of Pay

Private employers generally cannot:

• Give comp time instead of overtime pay
• Bank overtime hours
• Require time off in lieu of payment

Averaging Hours

Cannot average across weeks:

• Week 1: 30 hours
• Week 2: 50 hours
• Cannot say "average 40 hours"
• Week 2 has 10 hours overtime

Fluctuating Workweek Violations

If using fluctuating workweek method:

• Must be properly implemented
• Employee must understand and agree
• Often miscalculated

Calculating Overtime

Regular Rate of Pay

Includes:

• Hourly rate
• Salary converted to hourly
• Non-discretionary bonuses
• Commissions
• Shift differentials

Excludes:

• Discretionary bonuses
• Gifts
• Expense reimbursements
• Vacation/sick pay

Basic Overtime Calculation

Regular rate × 1.5 = Overtime rate
Overtime rate × Overtime hours = Overtime pay

Salary to Hourly Conversion

For salaried nonexempt employees:

Weekly salary ÷ 40 = Regular rate

Example:

• Weekly salary: $800
• Regular rate: $20/hour
• Overtime rate: $30/hour

Filing Overtime Claims

U.S. Department of Labor

Wage and Hour Division:

• Phone: 1-866-487-9243
• Website: dol.gov/agencies/whd
• Free to file
• DOL investigates

Private Lawsuit

Can sue employer for:

• Unpaid overtime
• Liquidated damages (double damages)
• Attorney's fees

Advantages of lawsuit:

• More control over case
• Potential for larger recovery
• Can join with other employees

Statute of Limitations

Time to file:

• 2 years (standard violations)
• 3 years (willful violations)

"Willful" means: Employer knew or showed reckless disregard for FLSA requirements.

Damages for Overtime Violations

What You Can Recover

Back wages:

• All unpaid overtime owed
• For up to 2-3 years back

Liquidated damages:

• Equal to unpaid wages (effectively doubling recovery)
• Unless employer proves good faith

Attorney's fees:

• Employer pays if you win

Example Calculation

Facts:

• 5 hours overtime/week for 2 years
• Regular rate: $20/hour
• Overtime rate should be: $30/hour

Damages:

• Unpaid overtime: 5 × $30 × 104 weeks = $15,600
• Liquidated damages: $15,600
• Total: $31,200 (plus attorney's fees)

Frequently Asked Questions

Is there daily overtime in Florida?

No. Overtime is only for hours over 40 per week. Working 12 hours in one day doesn't trigger overtime unless weekly total exceeds 40.

I'm salaried. Does that mean no overtime?

Not necessarily. Salary alone doesn't create exemption. You must also meet salary threshold AND duties tests. Many salaried employees are entitled to overtime.

Can my employer make me work overtime?

Yes. FLSA requires overtime PAY, not overtime approval. Employer can require overtime and discipline you for refusing. But they must pay for hours worked.

What if I agreed to no overtime?

Cannot waive overtime rights. Even signed agreements are invalid. If you work overtime, you must be paid.

Can I get comp time instead of overtime pay?

Generally no for private employers. Government employers can offer comp time under specific rules.

What if my employer says I'm exempt?

Employer's classification isn't final. If you don't actually meet exemption tests, you're entitled to overtime regardless of what employer calls you.

How do I prove I worked overtime?

Keep your own records: times worked, dates, hours. Your testimony can be evidence if employer failed to keep records.

Related Topics

• Florida Wages and Hours
• Florida Minimum Wage
• Florida Meal Break Laws
• Florida Employment Law Hub

Take Action

Overtime violations are common, and many workers don't realize they're being underpaid. If you work over 40 hours per week, you may be entitled to overtime.

Steps to take:

1. Track all hours worked (including off-the-clock)
2. Review your exemption status honestly
3. Calculate what you should have earned
4. Contact DOL or employment attorney
5. Don't delay—there's a 2-3 year time limit

Your overtime is your earned compensation. Collect it.

Legal Disclaimer

This article provides general information about overtime laws in Florida and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Florida employment attorney.

For official information:

• U.S. Department of Labor: https://www.dol.gov/ | 1-866-487-9243
• FLSA Overtime Information: https://www.dol.gov/agencies/whd/overtime