How Many Hours Do You Need To Work Until Your Hours Are Considered Overtime in Florida
Florida employers must pay certain employees overtime for hours worked over 40 per week. But the laws surrounding overtime are complex, so it can be hard to tell if you qualify for overtime or not.
Read below to learn about overtime laws in Florida, then call us for a free case evaluation to find out whether you qualify.
Overtime Law in Florida
Florida defers to the federal Fair Labor Standards Act (FLSA) for overtime hours. Under FLSA, employers must pay you an overtime rate of 1.5 times your base pay for any hours worked above 40 hours per week. Your employer must also pay you overtime if you work more than 10 hours per day.
Who Qualifies for Overtime?
Non-exempt hourly employees qualify for overtime in Florida. For non-exempt status, an employee must:
- Earn less than $684 per week ($35,568 per year)
- Have a supervisor
- Have specific job duties, such as tasks that require physical skills
What if your employer pays you a salary? If you’re salaried, you may still qualify for overtime if you make less than $684 per week.
Who Is Exempt from Overtime?
Certain salaried employees are not eligible for overtime. These include:
- Administrative employees
- Outside sales professionals
- IT or computer professionals
Independent contractors also don’t qualify for overtime because they’re technically not employees. However, some employers try to misclassify employees as independent contractors to avoid paying overtime. If you think your employer has misclassified you, contact a wage and hour lawyer who understands overtime laws for help.
Overtime for Tipped Employees
If you make tips, overtime pay calculations become a bit more complicated. Together, your wage and tips must equal or exceed Florida’s minimum wage ($11 per hour in 2023).
If your tips and wage don’t meet the minimum and you work overtime, your employer will need to make up the difference. Not sure whether you qualify for overtime as a tipped employee? Reach out to The Leach Firm, P.A. for advice.
How Breaks and Meals Affect Overtime
Florida doesn’t require employers to provide breaks or meals, except for employees 17 or younger. For minors, employers must allow one 30-minute meal break per four consecutive hours worked.
If your employer chooses to give breaks, they must follow federal law, which says that they must pay you for breaks of 20 minutes or less.
Some employers may refuse to give breaks because doing so extends your workday, which means they might have to pay you overtime if your hours of work exceed 40 in a week.
Contact an Overtime Lawer in Florida If Your Employer Refuses To Pay Overtime
Even though the law says your employer owes you overtime for hours worked in excess of 40 per week, some employers will try to avoid paying you however they can. If your employer won’t pay you, they’re violating overtime laws.
The Leach Firm, P.A. will work to recover your stolen wages and hold your employer accountable for the money they owe you. Call (844) 722-7567 or contact us online to talk with a lawyer in Florida about your case today.
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Why am I being paid less than minimum wage?
For the most part, workers must be paid a wage that complies with both federal and Florida minimum wage standards. However, there are some job exceptions to the minimum wage requirement, including:
- Independent contractors
- Tipped employees (e.g., restaurant servers)
- Young workers
- Student workers
- Farm workers
Unless an employee falls under an exception, they must receive minimum wage.
What are the laws concerning employees who receive tips?
Under the law, tipped employees may receive less than minimum wage so long as they receive enough tips to make up the difference.
- Tip credits: Tip credits allow employers to "credit" the employees' tips toward satisfying the minimum wage requirements. However, when an employee is performing non-tipped tasks unrelated to tipped duties, the employer may not claim a tip credit for those hours.
- Tip Pooling: Employers are allowed to pool employees' tips and share them among all employees. By law, employers are not permitted to keep any portion of the gratuity from the tip pool.
What can I do if my employer is breaking the overtime or minimum wage laws?
If your employer is violating federal or state wage laws, you can file a complaint with the U.S. Department of Labor or file a lawsuit to seek compensation. Employees usually find it helpful to work with a dedicated wage attorney who can protect their rights and help take advantage of all available remedies.
Recover Your Lost Wages with the Help of a Skilled Florida and Georgia Employment Law Attorney
When your employer has treated you unfairly, either through wage theft, unlawful discrimination, or other practices, you can count on the experienced attorneys at The Leach Firm, P.A. to fight for your rights. Contact us to schedule a free comprehensive consultation in English or Spanish.