Florida overtime pay matches what is required by the rules on overtime pay in federal law. Florida does not have specific state overtime pay laws as part of its Florida employment laws. The state observes federal labor laws, and it does not have any state-specific exemptions.
This means that all non-exempt workers must receive overtime pay that is 1.5 times their regular pay rate for any hours worked over 40 during a workweek.
Besides the conditions for overtime pay under federal law, there are no state overtime laws that require additional compensation for work performed on weekends or during holidays. Furthermore, employers are not required to provide pay for vacations, holidays, or any other time in which work was not performed. Florida law does not require an employer to offer paid holiday or paid vacation.
It is up to each employer to decide whether they wish to provide such payments. Correspondingly, neither state nor federal law requires payment if an employee shows up to work expecting to work for a certain number of hours but does not get to work the full schedule as they expected.
As noted above, the Fair Labor Standards Act (FLSA) regulates issues related to overtime in Florida. There are no overtime laws in Florida. Based on FLSA policies, most manual and hourly workers receive overtime pay. Among the fields covered by overtime regulations are emergency, fire, police personnel, manufacturing employees, nurses, and legal staff. These jobs often require long hours and multiple shifts.
Payment of overtime for hours worked over 40 in a workweek is mandatory under federal law, i.e., the FLSA.
Florida does not have any state-specific exemptions, and federal law exemptions apply. Careers that are exempt include:
Federal law offers remedies for overtime violations in Florida. The statute of limitations is the same as under federal law, and workers can make claims of violations for the last 2 years.
They can also make claims for the last 3 years but would have to prove that the infringement was intentional.
All unpaid overtime for this period can be recovered. In addition, workers in most circumstances are also entitled to a “liquidated damages” award equal to the amount of unpaid time.
So, if the worker is victorious in the lawsuit, they can recover two times the amount of the overtime pay to which they are entitled initially. They can also be awarded attorney’s fees and costs.
An employer cannot retaliate against an employee for exerting the right to receive minimum wage and overtime pay. Among the liberties protected by the Florida State Constitution include the right to:
Suppose the employee has not received the minimum wage after notifying the employer and giving the employer 15 days to resolve these disputes. In that case, the employee can bring a civil action in a court of law against the employer to recover back wages and also damages and attorney’s fees.
State law does not require employers to provide breaks to their workers. Nevertheless, if breaks are given, employers must follow the federal rule, which states that workers must be paid if given breaks of 20 minutes or less.
Nevertheless, workers do not have to receive payment for meal breaks that last 30 minutes or more as long as they are cleared of all work responsibilities during that break.
Each state sets its standards and rules to prevent injustices regarding wages and work conditions. The federal minimum wage set by the FLSA is currently $7.25 per hour. Florida’s minimum wage is currently $12.00 per hour and is scheduled to increase in future years, unlike the federal minimum wage.
Each state has set its minimum wage, and employees are entitled to receive the higher one, whether federal or state. Many states set their minimum at more than the federal minimum wage. Florida does this.
Some local cities and counties have “living wage” laws that also set a higher minimum wage. It may even be higher than the minimum wage set by the state in which the city or county is located.
These laws apply to companies contracting to do business in the local area or government. The employer must pay the highest minimum wage in this circumstance, whether federal, state, or local.
Although the minimum wage determines the hourly pay rate, employers do not need to pay workers by the hour. It is legally compatible with minimum wage laws as long as the total amount paid divided by the total number of hours worked equals at least the minimum wage.
Nevertheless, not all employers need to pay the minimum wage. There are two requirements for an employer to pay its employees minimum wage. First, under the FLSA, a business must receive $500,000 or more in annual sales. Second, if its employees should work in “interstate commerce.”
Furthermore, the following workers are exempt from the federal minimum wage requirement:
Workers may still be covered under the state or local laws, if not federal. Thus, it is helpful to do more research about whether a worker is or is not covered per federal, state, or local law.
For workers who earn tips, the minimum wage guidelines may differ. The federal law authorizes employers to pay a different hourly rate to those workers who regularly receive tips. Nevertheless, these tips must be enough to meet minimum wage requirements. If they should not, the employer must make up the difference so the worker earns the minimum wage.
The general approach that is common under paycheck laws in the U.S. and Florida is as follows:
Beyond this, if a person still has not been paid, they may have to file a claim in small claims court, and for more significant amounts of money, a person may consider hiring an employment lawyer to help them file a lawsuit.
A person should also follow this procedure if their employer refuses to pay them because they did not record their hours worked correctly. As long as the employer still employs a person, the employer must pay them a reasonable estimation of what they would owe for the number of hours the employer normally works during the pay period.
It is important to note that in Florida, the paycheck law mandates that employers give their employees a detailed paycheck showing all of their wages earned in that pay period, as well as taxes deducted and any other details relevant to their pay period. But that is the extent of what is required by Florida paycheck law.
A local Florida lawyer should be able to help a person with a paycheck issue.
Employees who work in Florida are entitled to overtime pay if their labor is non-exempt and if they worked extra hours over 40 in a workweek. Florida follows the federal rule for overtime pay, which is 1.5 times the regular pay rate.
You may think that your employer is not paying you overtime when you are lawfully entitled to it. If this is the case, you want to consult an experienced employment law attorney in Florida who can evaluate your case. LegalMatch.com can connect you to an attorney who can advise you on how to collect what you are owed.
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