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.
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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.
We help Florida small business employers review exempt/non-exempt classifications and ensure FLSA overtime compliance.
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