Overtime pay in Florida is regulated by the Federal Fair Labor Standards Act (FLSA) and Florida statutes. The FLSA overtime rules were created to establish a fair wage for the additional time an employee works beyond the average 40-hour workweek.
Federal Fair Labor Standards Act
Regulated by the U.S. Department of Labor's Wage and Hour Division, the FLSA was enacted in 1938 to establish fair wage standards for employees in every state. It establishes the rules for minimum wage, record-keeping, child labor and overtime for private and public employees. Employers that are subject to FLSA rules must have an annual business volume of $500,000 or more. Employers with employees that conduct interstate commerce are also required to follow the overtime rules in the FLSA. Businesses that are exempt from the FLSA include hospitals, preschools and government agencies.
FLSA Overtime Rules
In Florida, any time that an employee works over 40 hours in a workweek is considered overtime, except for employees that perform manual labor. Manual laborers have a legal workday of 10 hours, unless otherwise contracted. Therefore, any hours worked after the employee completes 10 hours qualifies as overtime. A workweek is considered a typically recurring 168-hour period for an employee. This recurring time period can begin at any hour on any day. The overtime rate is one and a half times the employee’s regular pay and cannot be less than Florida‘s minimum wage. While federal employees are entitled to additional pay for working on holidays, the FLSA does not require overtime pay for work performed on the weekends or holidays for employees in the private sector.
FLSA exemptions are determined by the employee’s salary and duties. Although exempt employees are usually employed in a managerial position, employees that don’t hold professional or salaried titles may still be exempt. Exempt employees include salaried executives, seasonal employees, workers on small farms and drivers. Since exemptions are normally applied to a workweek, an employee that performs both exempt and non-exempt duties during a week is usually considered non-exempt.