Florida does not have state overtime laws separate from federal — Florida small business employers follow the Fair Labor Standards Act (FLSA), which requires 1.5× pay for non-exempt employees working over 40 hours per week. Overtime violations are among the most common wage claims filed against Florida small businesses — often by employees who were improperly classified as exempt. This guide covers who qualifies for overtime, common exemptions, and how to avoid costly FLSA violations.
Overtime requirement: employees must be paid 1.5× their regular rate of pay for all hours worked over 40 in a workweek. The workweek is a fixed recurring 168-hour period — it doesn't have to be Sunday–Saturday. Time and a half applies to the regular rate, which includes: base wage, most shift differentials, non-discretionary bonuses, and piece rate pay. Overtime is calculated by the workweek, not bi-weekly or monthly. Two short weeks cannot be averaged — a 50-hour week is 10 hours of overtime regardless of how the following week plays out.
The most common FLSA overtime exemptions (all three tests must be met): Executive exemption: (1) paid at least $684/week salary; (2) primary duty is management; (3) supervises 2+ employees; (4) authority to hire/fire or recommend. Administrative exemption: (1) $684/week salary; (2) office/non-manual work; (3) primary duty involves discretion and independent judgment on significant matters. Professional exemption: $684/week salary; advanced knowledge in a field of science or learning acquired through formal education. Highly compensated employee exemption: $107,432/year total compensation. Computer employee exemption: $684/week or $27.63/hour, specific IT job duties. Misclassifying a non-exempt employee as exempt is the most common FLSA violation.
Frequent Florida overtime violations: (1) Calling employees 'managers' or giving them the title without the supervisory authority and duties to qualify for the executive exemption; (2) Assuming salaried employees are automatically exempt (salary alone doesn't create exemption — duties test must also be met); (3) Docking salaried employees' pay for partial-day absences (destroys salary basis and may eliminate exemption for the entire workweek); (4) Not paying overtime to employees who work through lunch or take work home; (5) Averaging overtime across a bi-weekly pay period; (6) Misapplying the fluctuating workweek method.
The DOL raised the FLSA salary threshold to $684/week ($35,568/year) effective January 1, 2020, and attempted to raise it to $844/week in July 2024. Court injunctions have blocked or limited implementation — verify the current effective threshold at dol.gov before classifying salaried employees as exempt. If the threshold returns to $684/week, salaried employees under that amount must receive overtime regardless of job duties. Florida employers should build payroll flexibility for any threshold changes.
DOL can recover: back wages (up to 3 years for willful violations; 2 years standard); liquidated damages equal to 100% of back wages (doubling the total recovery); attorney's fees. A Florida employee who worked 10 hours of overtime per week for 2 years at $20/hour and was improperly classified as exempt can generate: 104 weeks × 10 hours × $10 OT premium = $10,400 in back wages + $10,400 in liquidated damages = $20,800 before attorney's fees. Multiply that across multiple employees and the exposure is significant.
No — Florida follows federal FLSA rules which require overtime only for weekly hours over 40. There are no daily overtime rules in Florida (unlike California, which requires OT for hours over 8/day).
No — salary alone doesn't create an exemption. Salaried employees must meet both a salary threshold ($684/week currently) AND a duties test (executive, administrative, or professional duties) to be exempt.
Self-correct immediately — pay the back wages owed. Document the correction. Consider whether you can use the FLSA's 'good faith' defense (proactively auditing and correcting before an employee complaint). Consult an employment attorney before any voluntary settlement.
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