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Is your employer failing to pay you overtime?

Is your employer refusing to pay you overtime for hours worked in the state of Florida? This practice may violate wage laws, and you may be entitled to compensation for the wages you’ve lost.

 

Table of Contents

  • Florida overtime laws
  • What if my employer doesn’t pay my overtime?
  • How to file an unpaid overtime claim in Florida
  • What is your unpaid overtime worth?

 

Florida overtime laws

Florida, like all other states, is bound by the federal Fair Labor Standards Act (FLSA) employment law. The FLSA requires employers to provide overtime to all eligible employees. It also mandates that the overtime rate must be equal to one-and-a-half times the employee’s regular rate of pay.

The unique laws of Florida may play a role in whether or not your rights are being violated. While many federal laws apply to the payment of overtime, states have the right to set their own minimum wages. That means the amount of legal overtime in Florida may be different from other states you may have lived.

 

What is Florida overtime pay?

The amount of overtime paid in Florida may change yearly for you as a result of a state ballot initiative that was passed in 2020.  Florida Amendment 2 established a schedule that would allow the state minimum wage to increase to $15.00 between 2020 and 2026.

The table below tells you where the minimum wage has been set depending upon the year. You can use this table to calculate the appropriate hourly rate for your overtime pay.

 

Effective Date Florida Minimum Wage
September 30, 2021 $10.00
September 30, 2022 $11.00
September 30, 2023 $12.00
September 30, 2024 $13.00
September 30, 2025 $14.00
September 30, 2026 $15.00

 

If you are paid the minimum wage of $10.00, then you are entitled to a rate of at least $15.00/hour. If you are paid a higher amount, you are eligible for 1.5x that amount as long as you are eligible for overtime pay.

 

Who qualifies for overtime pay in Florida?

Federal overtime laws are used to determine eligibility for overtime pay. Generally, any employee who works over 40 hours in one workweek period is eligible for overtime unless they are exempt.

Federal law identifies several important overtime exemptions depending on job duties. For example, independent contractors are not entitled to the same protections as staff workers.

However, the law also places some strict limits on who can be classified as an exempt employee. To be exempt, an employee must earn a salary equivalent to at least $684 per week.

Exempt employees also need to be able to practice the duties that are associated with their classification. Job title changes alone are not enough to exempt employees from overtime pay requirements.

Employees who fit into one of the classifications below may not be eligible for overtime:

 

Professional Employees

Professional salaried employees perform work that involves advanced education or training. These employees often exercise more discretion over their work than non-exempt employees. For that reason, overtime is considered a normal part of their responsibilities.

 

Examples of professional employees include:

  • Lawyers
  • Physicians
  • Teachers
  • Architects
  • Registered nurses

 

Administrative Employees

Administrative employees are employees who manage, administer or otherwise ensure the continued operation of a business. It does not only include managers, but also human resources employees (depending on their duties). For an employee to properly qualify for this exemption, they must often exercise some kind of authority on their own.

 

Examples of administrative employees include:

  • Store/shop managers
  • Executive assistants
  • Insurance claims adjusters
  • Financial services employees
  • Human resources 

 

Executive Employees

Executive employees are charged with managing enterprises or subdivisions of an enterprise. To be considered an executive, an employee must have the power to direct the work of at least two other employees. They must also have authority to hire or fire or have their input carry weight in such decisions.

 

Outside Sales Employees

Outside sales employees are employees who have to make sales as their primary duty and regularly perform their duties away from the location where they are employed. The minimum salary restriction does not apply to outside sales employees.

 

Computer Professional Employees

Computer professional employees use computers to perform high-level tasks. This exemption does not cover all employees who use computers, or those who manufacture or repair them. To be exempt, your duties must include professional tasks such as development, analysis, research, or engineering.

 

What if my employer doesn’t pay my overtime?

Your employer may not be paying overtime for several reasons. First, they may be correct that you are exempt from overtime. On the other hand, they may have improperly classified you as exempt.

If you think that you have been unjustly misclassified or deprived of overtime wages after working the required number of hours, you can file a claim with the Department of Labor. The DOL is the body charged with enforcing the FLSA and its overtime rules.

You may find it helpful to contact an employment law firm before you begin the claim process. While you will not be able to file a lawsuit until making a claim, a lawyer can help you understand the labor laws involved, and the evidence needed.