Some states have their own specific laws regarding overtime pay, but Florida does not.
Instead, the state follows the federal Fair Labor Standards Act or FLSA. Quickbooks explains that employers must refer to the FLSA when making payments. There may be some differences that workers do not know about in the FLSA that could impact their rights to receive overtime pay.
The FLSA requires non-exempt employees to receive overtime pay for all hours worked over 40 in one workweek week. The law considers a week seven days in a row or 168 consecutive hours. Employers can set the start and end dates of a week. It does not have to run on a calendar week as long as it has seven days in a row.
The payment for overtime hours is one and one-half the regular hourly pay rate.
There are some key points you should know about the overtime rules under the FLSA. This Act only covers nonexempt employees. Whether you are nonexempt depends on how much you earn and your job duties. Earnings limits change annually and with changes in minimum wage rates, which will increase each year until at least 2026. Anyone earning over the limits and performing job duties defined as exempt under the FLSA is exempt, and an employer does not have to pay overtime to that person.
Certain professions are also exempt. These include executives, administrative workers, professionals, outside salespersons, and computer-related positions. If you work in one of these jobs, and you are paid by salary in an amount of at least $684 per week, then you do not have the right to overtime pay under the FLSA.
Florida uses the rules within the FLSA to determine overtime pay rules. This may mean that you are not eligible due to the exemptions under this act.
If you operate a business and are not clear as to whether your employees are entitled to overtime pay, or you are an employee who feels you should be receiving overtime pay, you should speak with a qualified and experienced labor and employment lawyer.