FAQs

Question 1

What are Florida's Overtime and Labor Laws?

Accepted Answer

Florida overtime laws and minimum wage are all governed by Florida's Minimum Wage Act and the FLSA or Fair Labor Standards Act. Under FLSA, the employer must pay their non-exempt employees the minimum wage set by the federal government for hours worked and overtime pay. Florida overtime laws also state that employees should be paid one and half times over their regular hourly rate for any hours worked above 40 hours a week. It is, however, essential to note that Florida doesn't have any laws requiring employers to pay their employees for vacation time or sick leave. Still, some companies will provide this as part of their benefits.

Question 2

Who is exempt from Florida overtime laws?

Accepted Answer

Certain employees are exempt from overtime pay. This is as per the exemptions put forth by the FLSA, and it includes lawyers, doctors, accountants, executives such as managers and supervisors, etc. Additional exemptions of the Florida overtime law apply to specific industries and jobs on a case-by-case basis.

Question 3

What is the minimum wage in Florida?

Accepted Answer

As of September 2021, minimum wage in Florida is $10 per hour. It is illegal for an employer to pay its employees a wage that is below the state's legal minimum wage. If you are an employee in Florida and haven't been paid the minimum wage, you can consult with the Wage and Hour division of the US Labor Department. We recommend that employers consult either the US Labor Department or a qualified employment lawyer to ensure their employees are correctly classified as exempt and non-exempt, according to FLSA. The employer must also provide the job descriptions for all the positions and define the job duties, both for the essential and non-essential functions of each job. This helps in identifying whether the position is exempt or non-exempt. Under the Florida Laws, the employee must be provided with their job description for all the positions that define the job. They should also sign an acknowledgment that they have received this documentation.

Question 4

How much should you be paid for overtime in Florida?

Accepted Answer

Under Florida overtime law, all employees must be paid for overtime at a time and a half above their regular wage rate for any hours worked above the recommended 40-hour weeks. For example, if you work a 70 hour work week, then you will be paid for 105 hours of work (the time that you worked + half of the overtime hours).

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