The Florida Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer. There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
Florida Overtime Pay Laws
Florida does not have laws governing the payment of overtime, however, federal overtime laws apply.
The FLSA creates two classifications of employees for purpose of minimum wage rates and overtime. The two classifications of employees are exempt (employers do not need to pay the mandated minimum wage amount as long as the statutory exemption requirements are met) and non-exempt (employees under the age of 20 may be paid not less than $4.25 per hour for the first ninety (90) consecutive calendar days of employment.
If employees received tips as part of their wages, they must be paid a minimum of $2.13 per hour and their total wages (wages + tips) must be equal or greater than the standard minimum wage rate.
However, in Florida there are additional exemptions that do not apply to the overtime pay laws including: external salespeople (who often set their own hours), computer-related workers, independent contractors, transportation workers, agricultural and farm workers, and some live-in employees such as housekeepers and more.
Florida does have a statute that contains a “maximum hours” provision, which states that “ten hours of [manual] labor” is a legal day’s work, and that absent a contract to the contrary, any employee is entitled to extra pay for all work performed for his employer in excess of 10 hours daily.
Florida Minimum Wage Laws
Florida’s current minimum wage rate is $8.05 that applies to the same employees covered by the federal minimum wage law. An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25. Some employers and employees are exempt from the federal minimum wage law.
If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage. In Florida, the state minimum wage law will typically apply as it guarantees a higher wage rate for employees than federal law.
Employers must grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. However, the State does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks.
To learn more about the Minimum Wage Laws click here.
Florida Minimum Wage & Overtime Laws Resource
An excellent resource for information is the Florida Department of Economic Opportunity website.
Largest Cities in Florida Providing Jobs
The ten largest cities in the State of Florida provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- Kendale Lakes-Lindgren Acres
- St. Petersburg
- Fort Lauderdale
Commonly Asked Florida Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does Florida have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For Florida Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages. We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a Florida wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.