Florida does not have state-specific laws about overtime. This means that employers in the state must follow the federal overtime laws established by the Fair Labor Standards Act. Whatever type of work you do, it is important to understand when you should receive overtime pay.
When is work overtime?
Any work that exceeds 40 hours in a seven-day period is overtime. Federal law requires employers to pay eligible workers 1.5 times the regular wage for overtime hours.
Who can get overtime pay?
In most cases, only non-exempt employees are eligible for overtime pay. Employees may be non-exempt if they meet at least one of the requirements:
- Earn less than $684 per week or $35,568 per year
- Have a supervisor
- Perform repetitive tasks or physical labor
Most higher-income earners and salaried employees are exempt from overtime eligibility. Additionally, because independent contractors are not employees, they are also exempt. However, complications and conflicts can arise when an employer, intentionally or not, misclassifies a worker as exempt when they should, in fact, be eligible for overtime pay.
How does overtime work for tipped employees?
For non-tipped employees, employers pay 1.5 times the workers’ regular hourly rate for all overtime hours. For tipped employees, employers can subtract the Florida tip credit from the employee’s regular pay and overtime rates. However, the employee’s total pay must equal at least the minimum wage for regular and overtime pay. If it does not, the employer must pay the difference.
It is not always clear who is eligible for overtime pay. Employees who believe that they should receive overtime pay but are not, may need to seek a legal remedy. Additionally, contractors who believe they should be employees may be eligible to receive unpaid overtime.