(650) 332-8623Florida Overtime Laws: Your Guide to Rates, Statutes, Calculations, and More (2025)
Learn about Florida’s overtime pay rates, eligibility criteria, and enforcement laws under the Fair Labor Standards Act (FLSA). Understand how to calculate overtime and avoid legal pitfalls.
Florida Overtime Rates and Statutes
1.5x
Florida's Primary Overtime Pay Rate
Florida adheres to federal overtime law, which mandates that eligible employees be paid 1.5 times their regular rate of pay for hours worked beyond 40 in a workweek.
Florida does not have state-specific overtime laws, and it does not impose a daily overtime threshold.
40 hours / week
Threshold to Receive Overtime in Florida
Florida’s overtime eligibility aligns with the federal Fair Labor Standards Act (FLSA). Employees are entitled to overtime pay when they work over 40 hours in a workweek, regardless of the number of hours worked in a single day.
FL Statute § 448.01
The Main Overtime Statute(s) in Florida
Florida’s labor laws defer to federal standards for overtime.
Section 448.01 of Florida Statutes outlines employment conditions but does not establish additional requirements beyond federal regulations.
Other aspects of labor law, such as pay periods and meal/rest breaks, follow federal guidelines or are left to the discretion of employers.
DOL
The Department of Labor is Responsible for Enforcement of Overtime Laws in Florida
Florida relies on the U.S. Department of Labor (DOL) and private litigation to enforce overtime regulations. Employees who believe they have been denied proper overtime pay can file complaints with the DOL or pursue legal action under the FLSA.
How to Calculate Overtime Pay in FL
To calculate overtime pay in Florida, an employee’s regular rate of pay must first be determined. This includes hourly wages, commissions, and other forms of compensation. Overtime is calculated as 1.5 times the regular hourly rate for all hours worked beyond 40 in a workweek. For instance:
- An employee earning $20/hour who works 45 hours in a week would receive 5 hours of overtime pay at $30/hour, totaling $150 in overtime pay.
- Total weekly earnings: $800 (base) + $150 (overtime) = $950.
Who's Eligible For Overtime Pay in Florida?
Most hourly employees qualify for overtime pay when they exceed 40 hours in a week.
As of January 1, 2025, salaried workers earning below the federal threshold qualify for overtime.
Employees in executive, administrative, or professional roles, along with computer employees, are generally exempt if they meet federal exemption criteria.
As mentioned above, salaried employees in these three types of roles whose duties and pay meet the criteria specified above are exempt from overtime roles. These roles have management and/or leadership functions as part of their core duties.
This rule also exempts employees in high-tech (computer software) roles earning hourly pay rates, provided their roles meet the other three criteria specified for salaried employees above.
Highly compensated workers earning more than $151,164/year are exempted from overtime rules starting on January 2025.
Every employee who must spend at least 50% of their work time away from their employer’s place of business to sell tangible items or services — typically door to door or at public kiosks in high-traffic areas.
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FL vs. Federal Overtime Laws Compared
40 Hours / weekFlorida Overtime Threshold
Florida applies the FLSA’s threshold, requiring overtime pay only after 40 hours in a workweek. FLSA does not offer additional daily thresholds or double time.
40 Hours /weekFederal Overtime Threshold
Under the federal Fair Labor Standards Act (FLSA), employees are entitled to 1.5 times their regular pay rate for hours worked beyond 40 in a workweek.
1.5x +Overtime Rate Comparison
Both Florida and federal laws require overtime pay at a rate of 1.5 times the employee’s regular pay for hours worked over 40 in a workweek.
$58,656 /yearOvertime Threshold for Salaried Employees in Florida
Florida follows the federal threshold for salaried workers, exempting employees earning more than $58,656/year starting January 1, 2025.
Exempt Roles
Exemptions in Florida align with FLSA rules, including:
- Executive, administrative, and professional employees earning above the threshold
- Computer-related employees
- Outside sales employees
- Highly compensated workers earning more than $151,164/year (effective January 2025)
Misconceptions About CA Overtime Laws
Many believe Florida has specific state overtime laws that go beyond federal guidelines.
Florida defers entirely to the federal Fair Labor Standards Act (FLSA) for overtime regulations. There are no state-specific overtime laws in Florida.
Some employers assume overtime pay requirements only apply to hourly employees.
The FLSA covers both hourly and some salaried employees, as long as they meet the non-exempt criteria. Salaried employees earning less than $684 per week or $35,568 annually are typically entitled to overtime pay.
Employers may mistakenly classify workers as independent contractors to avoid paying overtime.
Misclassifying employees as independent contractors can lead to FLSA violations. True independent contractors, however, are not covered by overtime laws.
Some employers believe employees can voluntarily agree to forgo overtime pay to maintain flexible schedules or secure their jobs.
Under the FLSA, employees cannot waive their right to overtime pay, even by mutual agreement with their employer.
It is a common misconception that paying an employee a salary automatically exempts them from overtime laws.
Only salaried employees meeting specific job duty and pay criteria (e.g., executive, administrative, professional roles) are exempt from overtime under the FLSA.
Penalties for Overtime Noncompliance in FL
$1,000 /violationFailure to Pay Correct Overtime
Under the Fair Labor Standards Act (FLSA), employers who fail to pay overtime owed to eligible employees may face civil monetary penalties of up to $1,000 for each violation.
Employers must also pay all unpaid overtime wages, with back wages often supervised by the Wage and Hour Division (WHD) of the U.S. Department of Labor.
$10,000 + ImprisonmentWillful Violations of the FLSA
Employers who willfully violate the FLSA, such as by intentionally misclassifying employees or ignoring overtime obligations, may be fined up to $10,000 for each offense. Repeat offenders can face criminal prosecution, with a second conviction potentially resulting in imprisonment.
2–3 YearsStatute of Limitations for Wage Violations
The FLSA imposes a two-year statute of limitations for non-willful wage violations. For willful violations, this extends to three years. Employers failing to resolve complaints promptly may face legal proceedings for back wages and liquidated damages within this timeframe.
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Navigating Overtime Requirements in Florida
Know What to Do as an Employer
- Understand Federal Laws:
Florida follows federal overtime laws under the Fair Labor Standards Act (FLSA). Employers should stay informed about federal regulations, including exemption criteria and overtime requirements. - Classify Employees Properly:
Ensure all employees are correctly classified as exempt or non-exempt under the FLSA. Regularly review job duties and salaries to maintain accurate classifications. - Pay Overtime Correctly:
Always pay eligible employees at least 1.5 times their regular hourly rate for all hours worked over 40 in a workweek. - Provide Training:
Educate HR personnel and management teams about overtime laws and how they apply. This ensures compliance and consistent enforcement across the organization. - Use Reliable Time-Tracking Tools:
Adopt efficient time-tracking systems to monitor employee hours, reducing errors and ensuring accurate payroll. Obsolete methods, like manual logs, can lead to compliance issues and payroll inefficiencies. - Conduct Internal Audits:
Regularly review payroll processes and records to confirm compliance with federal regulations. Audits help catch miscalculations, recordkeeping errors, or classification mistakes. - Seek Legal Guidance:
Consult employment law specialists to address unique or complex compliance situations. This can help avoid potential penalties and lawsuits.
Know Your Rights as a Worker
- Understand Your Classification:
Determine if you’re classified as exempt or non-exempt. Non-exempt employees are entitled to overtime pay under federal law. - Track Your Hours:
Maintain personal records of your work hours, including overtime. This ensures you can verify payroll accuracy. - Communicate Issues:
If you believe there’s a discrepancy in your overtime pay, raise the issue with your employer to seek resolution. - Know How Overtime is Calculated:
Understand that overtime is based on a 40-hour workweek, with eligible employees earning 1.5x their regular rate for overtime hours. - Seek Legal Advice:
If issues persist or an employer fails to comply with federal laws, consult an attorney or a labor rights organization for assistance.
Common Overtime Pay Challenges for Employers in California
1. Misclassification of Employees
Incorrectly categorizing workers as independent contractors or exempt employees can lead to compliance violations and penalties.
2. Inadequate Recordkeeping
Failure to maintain accurate employee hours and payroll records can result in fines and legal disputes.
3. Incorrect Overtime Calculations
Not factoring in bonuses, commissions, or incentives when calculating overtime can lead to underpayment issues.
Best Practices for Florida Overtime Compliance
1. Use Advanced Workforce Management Tools
Adopt tools like Workyard’s GPS time clock to track employee hours and automate compliance with federal overtime rules. These systems reduce administrative workload and payroll errors.
2. Establish Clear Policies
Develop and communicate comprehensive overtime policies to ensure employees understand their rights and responsibilities.
3. Minimize Overtime Costs
Use scheduling tools to avoid unnecessary overtime by tracking weekly hours and optimizing employee availability.
4. Stay Proactive
Monitor labor law updates, conduct regular policy reviews, and adjust practices to align with the latest regulations.
Final Thoughts
Florida employers must adhere to FLSA overtime requirements to avoid penalties, lawsuits, and damaged employee relations. Compliance is achievable with the right tools, training, and practices.
Tools like Workyard simplify overtime compliance with accurate time tracking, automated overtime calculations, and detailed reporting. With Workyard, wmployers can save money, reduce errors, and ensure legal compliance—all while streamlining operations.
Take control of your compliance challenges today by exploring how Workyard can streamline your operations and protect your business.
Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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Florida follows federal law, mandating that eligible employees receive 1.5 times their regular hourly rate for hours worked beyond 40 in a workweek.
Hourly workers and salaried employees earning less than $58,656 annually (as of January 2025) are eligible for overtime pay. Exemptions apply to executive, administrative, professional employees, and others.
To calculate overtime pay, multiply an employee’s regular hourly rate by 1.5 for every hour worked over 40 in a week. For example, if an employee earns $20/hour and works 45 hours, their overtime pay is $30/hour for 5 hours, totaling $150.
Employers who fail to pay overtime can face fines up to $1,000 per violation. Willful violations can result in fines up to $10,000 and potential imprisonment for repeat offenders.
No, employees cannot waive their right to overtime pay under the Fair Labor Standards Act (FLSA), even by mutual agreement with their employer.
