What Are Florida’s Overtime Laws?

If you worked extra hours beyond your typical workday, or beyond the hours you were scheduled to work, it is important to find out if you are eligible for overtime pay and to ensure that you receive the pay you are owed. Florida’s overtime laws are governed largely by the federal Fair Labor Standards Act (FLSA). Unlike some states that have additional overtime protections beyond what is set forth in the FLSA for employees, Florida employees have the protections available under the FLSA. Accordingly, if you are not properly paid overtime, you should discuss filing an FLSA claim with one of our Palm Beach Gardens wage and hour attorneys. In the meantime, we can tell you more about Florida’s overtime laws and your rights as an employee.

When is Overtime Pay Required in South Florida? 

Under the FLSA, non-exempt employees must be paid overtime wages for any additional hours over 40 worked in a workweek. For example, if a person works 41 hours, they would receive 1 hour of overtime pay at the overtime rate of 1.5 times the regular rate of pay. If that person works 50 hours, they would receive 10 hours of overtime pay at the rate of 1.5 times their regular rate of pay. What does that calculation look like? If a person typically earns $20 per hour, their overtime rate would be $30 per hour ($20 x 1.5).

How can an employee know if they are eligible for overtime pay when they work hours beyond the 40-hour workweek? As we noted above, non-exempt employees are eligible for overtime pay while exempt employees are not. The most common types of exempt employees include those in professional, executive, administrative, computer, and outside-sales jobs. While many salaried employees are exempt employees, not all salaried employees are exempt — some may be eligible for overtime pay. To determine your eligibility, it is important to speak with a lawyer who can assess your employment circumstances.

Can I Refuse to Work Overtime? 

Many employees want to know if they can refuse to work overtime hours. For example, if you are on a work schedule for 40 hours per week and your employer adds an additional 5 hours, can you refuse to work the overtime hours? In short, there are no job-protected options for refusing overtime work under Florida or federal law. In an at-will employment state like Florida, if you are an at-will employee, you can refuse to work overtime, but your employer can fire you for doing so.

If you have an employment contract, your contract may specify overtime requirements and the possibility of limiting or refusing overtime hours.

What Should I Do If I Was Not Paid for Overtime Hours I Worked? 

If you worked overtime hours and you believe you are a non-exempt employee, you should get in touch with an attorney as soon as possible to find out more about filing a claim and seeking the overtime wages you are owed.

Contact a Palm Beach Gardens Wage and Hour Attorney 

Do you need help with an overtime claim? An experienced Palm Beach Gardens wage and hour lawyer at Sconzo Law Office can speak with you today about getting started on your case. Contact us for more information.

Source:

dol.gov/agencies/whd/flsa#:~:text=FLSA%20Overtime%3A%20Covered%20nonexempt%20employees,the%20regular%20rate%20of%20pay