Information Regarding Florida Wage and Hour Laws
Information Regarding Your Rights To Fair Wages In Florida.
What is the Florida Wage and Overtime Currently?
Florida’s overtime wage based on federal minimum wage is $10.88 per hour, one and a half times the regular Federal minimum wage of $7.25. If you earn more then the Florida minimum wage rate, you are entitled to 1.5 times your regular hourly wage for all overtime worked. Can’t find the answers you need on the Florida Overtime Law FAQ below? Ask us your Florida overtime law question.
Am I eligible for overtime?
The FLSA automatically qualifies certain types of workers who meet overtime pay requirements for guaranteed overtime for all hours worked over 40 in a single week (or daily overtime limits set by Florida overtime laws). If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law.
All first-responders, including police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA.
Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise.
Overtime Exemptions in Florida
Overtime laws in Florida are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar industries) being the primarily protected group. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Florida overtime eligibility. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law.
Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act.
External salespeople (who often set their own hours) are also exempted from FL overtime requirements, as are some types of computer-related workers. Independent contractors, who are not considered legal employees, are also exempt from overtime law. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers.
In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors.
Is my job exempt from overtime?
If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Florida and federal overtime regulations.
Executive Overtime Exemptions
Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position.
Administrative Overtime Exemptions
Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment).
Professional Overtime Exemptions
Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Your job must be salaried, primarily intellectual, and you must be expected to use discretion and judgement. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional.
Outside Sales Overtime Exemptions
Your job is classified as an Outside Sales position if your main duties are making sales or taking orders outside of their employer’s main workplace. You may be paid either bn a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification.
If your job falls under any of the four categories described above, then you are not covered by federal or Florida unemployment regulations and your employer is not required to pay you an overtime premium.
Call The Loren Law Group If you are eligible for overtime and your employer did not pay you.
If your job is eligible for overtime protection under Florida and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked.
If you believe your employer owes you overtime, we can help you file an overtime claim in Miami, Fort Lauderdale, West Palm Beach and all of Florida.
2015 minimum wage in Florida is $8.05 and overtime based on Federal minimum wage of $7.25 is $10.88