If you’ve ever worked more than 40 hours in a workweek, you know how exhausting it can be, but you also know that the hope for overtime pay can motivate you to keep working hard until the end. However, you could be losing money if your employer chooses not to follow the laws governing overtime wages.
Any hours worked over 40 in one workweek count as overtime hours. The mandated rate for most employees is time and a half their standard rate for each hour worked over 40. And yet, there are many confusions about overtime laws in Florida, so it pays to know the basics to make sure you’re getting every dollar you’ve earned.
These are the main points for Florida overtime law:
| State and Federal Statutes |
|
| Calculating Overtime |
|
| FLSA Exemptions | These types of employees are not entitled to overtime pay
|
| Filing Wage Violations |
|
Note: It is essential to conduct your research or to speak with an attorney qualified in Florida wage laws. These laws are subject to change. You need to make sure you verify any information about wage laws.
Florida labor law does not cover overtime payment. Instead, federal overtime laws cover it. The Fair Labor Standards Act (FLSA) of 1938 covers federal overtime laws. The FLSA serves to provide the minimum requirements for the treatment of employees by employers across the nation.
The FLSA regulates minimum wages, child labor standards, record-keeping rules, and overtime wages. Additionally, states can add benefits and rights for workers, but they cannot take away from the rights granted to their employees by the FLSA. As a result, federal law is the state law in Florida.
The work week must consist of seven consecutive 24 hour work days in one schedule under the FLSA and Florida wage law. As long as the week runs seven consecutive days, the workweek can start any day of the week.
Any employee who works more than 40 hours in a week is to be granted compensation for these hours by state laws. This is done by:
Overtime pay applies to all employees. There are many factors at play when figuring out who is exempt. Being paid a salary of no less than $455 per week while also meeting specific criteria regarding job duties is essential. Job titles do not determine exempt status. Department regulations must be met concerning salary and responsibilities for an employee to qualify as exempt.
Federal rules govern specific industries independent of the FLSA; these industries often have their own rules for pay. Outside sales professionals, truck drivers, and railroad workers are included in this particular group. One note to be made: manual laborers are not exempt (regardless of their pay).
If you still have questions over federal and state wage laws, you can look into the following:
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg