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Understanding overtime pay for Florida’s salaried workers

On Behalf of | May 29, 2024 | Wage & Hour Laws |

Overtime pay for salaried employees in Florida follows specific guidelines under federal laws.

Salaried employees can sometimes be exempt from overtime pay requirements, but there are important exceptions.

Understanding the laws

The Fair Labor Standards Act (FLSA) governs overtime and minimum wage laws in the United States. Florida follows these federal standards with regard to overtime. According to the FLSA, non-exempt employees must receive overtime pay for any hours worked over 40 in a workweek. The overtime rate must be at least one and a half times their regular pay rate.

Exempt vs. non-exempt employees

The FLSA classifies employees as either exempt or non-exempt. Exempt employees do not qualify for overtime pay. This classification usually includes certain salaried workers in executive, administrative or professional roles. To be exempt, these employees must meet specific criteria, including a minimum salary threshold and job duties that involve significant decision-making or specialized knowledge.

Minimum salary threshold

Until July 1, 2024, the minimum salary threshold for exempt employees is $684 per week or $35,568 annually. This will increase to $844 per week on July 1, 2024, and jump to $1,128 per week on January 1, 2025. Salaried employees earning less than this amount are generally considered non-exempt and eligible for overtime pay. Even if an employee earns above this threshold, their job duties must also meet the criteria for exemption.

Impact on salaried employees

Salaried employees who do not meet the criteria for exemption are entitled to overtime pay. This means that even though they receive a fixed salary, they must receive additional compensation for hours worked beyond the standard 40-hour workweek. Employers must track these employees’ work hours to ensure compliance with overtime laws.


Employers in Florida must carefully classify their employees and comply with the federal overtime laws. Misclassification can result in significant penalties, back pay for unpaid overtime, and payment of the employee’s attorney’s fees if the employee retains an attorney. Employees should understand their classification and rights to ensure they receive proper compensation for their work.

Overtime pay laws for salaried employees protect workers’ rights and ensure fair compensation. Both employers and employees must stay informed about these regulations to maintain compliance and avoid disputes.