Florida Overtime Laws: What Hourly and Salaried Workers Need to Know

You worked 50 hours last week, but your paycheck only shows straight time. Your manager says salaried employees don’t get overtime—ever. Or maybe you’re clocking out but still answering emails for two hours every night. Something feels off, but you’re not sure if Florida law backs you up.

Florida follows federal overtime rules under the Fair Labor Standards Act (FLSA), which means most employees who work more than 40 hours in a single workweek are owed time-and-a-half pay. But exemptions, job titles, and employment status can muddy the picture. 

If you’re an hourly worker in St. Petersburg, a salaried assistant manager in Tampa, or a tipped server in Pinellas County, wondering whether you’re being paid correctly, Lopez Law Group’s employment lawyer is here to answer your questions.

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Key Takeaways for Florida Overtime Laws

• Florida does not have its own overtime statute; the state follows federal FLSA rules requiring time-and-a-half pay for hours over 40 in a workweek
• Overtime eligibility depends on job duties and salary thresholds, not job titles—many “managers” and salaried workers still qualify
• Florida does not require daily overtime (no extra pay for working more than 8 hours in a single day), only weekly overtime over 40 hours
• Employers cannot make you work off the clock, skip overtime by calling you a contractor, or average hours across two weeks to avoid paying time-and-a-half
• Unpaid overtime claims in Florida typically carry a two-year statute of limitations (three years if the violation was willful)

Who Qualifies for Overtime Pay in Florida?

Eligibility hinges on three factors: salary level, salary basis, and job duties. If an employee meets all three parts of an exemption test, the employer may classify them as exempt from overtime. If even one element fails, the employee is non-exempt and entitled to time-and-a-half pay for hours worked over 40.

Salary Level Test

As of 2025, employees earning less than $1,128 per week (equivalent to a $58,656 annual salary) generally qualify for overtime regardless of their job title. Even employees earning above $844 per week may still be non-exempt if their duties don’t fit an exemption category.

Salary Basis Test

Exempt employees receive a fixed salary that doesn’t fluctuate based on hours worked. If an employer docks pay for partial-day absences (beyond full-day disciplinary or leave deductions allowed under FLSA), the salary-basis test may fail.

Duties Test

Job titles mean nothing. The actual day-to-day responsibilities determine exemption status. The most common exemptions include:

• Executive exemption: Primary duty involves managing the enterprise or a recognized department, regularly directing at least two full-time employees, and having authority to hire, fire, or make recommendations that carry significant weight.
• Administrative exemption: Primary duty involves office or non-manual work directly related to management or general business operations, and the role requires discretion and independent judgment on significant matters.
• Professional exemption: Work requires advanced knowledge in a field of science or learning, typically acquired through prolonged specialized education (doctors, lawyers, engineers, teachers).
• Computer employee exemption: Applies to software engineers, systems analysts, and programmers earning at least $844 per week (or $27.63 per hour if paid hourly) whose duties involve systems analysis, design, or programming tasks.
• Outside sales exemption: Primary duty involves making sales or obtaining orders away from the employer’s place of business.

Employees who don’t fit these tests are non-exempt and may be owed overtime after working 40 hours.

How Overtime Pay Is Calculated in Florida

Florida’s overtime pay rate aligns with the FLSA standard: one and a half times the employee’s regular rate of pay. The regular rate includes not just the base hourly wage but also non-discretionary bonuses, shift differentials, and commission payments.

For hourly workers, the math is straightforward. Let’s say an employee earning $16 per hour who works 48 hours in a week. The (pre-tax) wages owed for that week would be:

• 40 hours × $16 = $640
• 8 overtime hours × $24 (time-and-a-half) = $192
• Total weekly pay: $832

Salaried non-exempt employees require a different calculation. This involves dividing the weekly salary by the hours worked to find the regular rate, then applying the half-time premium for overtime hours. 

For example, if a salaried non-exempt employee earns $700 per week and works 50 hours, the regular rate is $14 per hour. The overtime premium is $7 per hour for the 10 overtime hours, totaling $70 in additional pay.

Common Employer Overtime Violations in Florida

Misclassification tops the list. Employers label workers “managers” or pay them a salary, assuming that ends the overtime obligation. A shift supervisor who spends most of their time stocking shelves and running the register doesn’t meet the executive exemption, even with a manager title.

Off-the-clock work creates another frequent problem. Requiring employees to answer emails, complete paperwork, or attend meetings outside scheduled shifts without recording those hours violates wage laws when the total workweek exceeds 40 hours.

Averaging hours across two workweeks doesn’t comply with FLSA rules. An employer cannot average a 50-hour week and a 30-hour week to claim the employee worked 40 hours each week. Overtime applies to the week with 50 hours, regardless of the following week’s totals.

Comp time in the private sector is generally unlawful. Private employers cannot offer future paid time off in place of overtime pay. Private businesses must pay time-and-a-half in the same pay period the overtime was worked.

Misclassifying employees as independent contractors. While this eliminates overtime obligations entirely in the employer’s view, the classification must reflect the actual working relationship. If the employer controls when, where, and how the worker performs tasks, that person is likely an employee entitled to overtime.

Overtime Rules for Tipped and Commission-Based Employees in Florida

Servers, bartenders, sales associates, and commission earners face different overtime calculations than standard hourly workers. The FLSA applies to these roles, but tips, commissions, and job location change how employers must calculate time-and-a-half pay.

Tipped Employees

Tipped employees in Florida earn a direct wage of at least $7.98 per hour (as of 2025) plus tips. When calculating overtime, the regular rate includes the tip credit, so the overtime premium applies to the full minimum wage, not just the direct cash wage the employer pays.

Employers cannot require tip pooling with managers, supervisors, or back-of-house employees who don’t customarily receive tips. Tips belong to the employees who earned them. If an employer takes a tip credit but imposes illegal tip pooling or requires employees to perform excessive non-tipped duties (like extended cleaning shifts or prep work), the tip credit fails, and the employer owes the full minimum wage plus overtime calculated on that higher base.

Commission-Based Employees

Commission-based employees who are non-exempt earn overtime when their workweek exceeds 40 hours. The regular rate calculation includes commissions earned during that pay period, divided by total hours worked, and then the overtime premium applies to hours over 40.

Retail and service employees who meet specific FLSA criteria may be exempt from overtime if more than half of their pay comes from commissions and their regular rate exceeds one and a half times the minimum wage. This exemption applies narrowly—most commission workers in call centers, showrooms, or offices remain non-exempt and entitled to overtime.

Outside Sales Employees

Outside sales employees whose primary duty involves making sales or obtaining orders away from the employer’s place of business are exempt from both minimum wage and overtime requirements. “Away from the place of business” means actual fieldwork—visiting clients, making presentations at customer locations, or conducting sales calls outside the office.

Inside sales employees who make calls, process orders, or handle sales from an office, store, or fixed location are typically non-exempt and owed overtime unless they meet another exemption test. Working remotely from home doesn’t convert an inside sales role to outside sales.

Can My Employer Refuse to Pay Overtime in Florida?

Not legally. If an employee is non-exempt and works more than 40 hours in a workweek, the employer must pay time-and-a-half for those hours. Employers cannot require workers to waive overtime rights, agree to straight-time pay for overtime hours, or sign away FLSA protections through employment contracts or handbooks.

Some employers try to dodge overtime obligations by prohibiting it in company policy while quietly allowing or expecting employees to work beyond 40 hours. The policy doesn’t insulate the employer from liability. 

Federal law focuses on hours actually worked, not whether the employer “authorized” them in advance. If the employer knows or should have known the employee is working overtime, through timecards, emails sent after hours, or supervisors observing late-night work, payment is required even without formal approval.

Employers may discipline employees for violating overtime approval procedures, but they cannot withhold wages for hours already worked. The proper sequence is to pay the overtime owed and address the policy violation separately through progressive discipline.

Can My Employer Fire Me for Asking for Overtime?

Retaliation for asserting overtime rights is illegal under the FLSA. Employers cannot fire, demote, cut hours, assign undesirable shifts, or otherwise punish employees for asking about unpaid overtime, filing wage complaints with the Department of Labor, or cooperating with wage-and-hour investigations. 

Retaliatory actions may create additional legal claims beyond the original wage violation and expose employers to further damages.

What Can I Do If My Employer Is Not Paying Overtime in Florida?

Document everything. Save pay stubs, timecards, emails, text messages, and any other records showing hours worked and wages paid.

Internal resolution sometimes works. Bringing the issue to HR or a supervisor may prompt the employer to correct the error and issue back pay. Put the request in writing and keep copies of all communications.

If internal efforts fail, employees have two main paths: filing a complaint with the U.S. Department of Labor’s Wage and Hour Division or pursuing a private lawsuit with the help of a Florida employment attorney. Private lawsuits often move faster and may result in liquidated damages (doubling the unpaid amount) plus attorney’s fees.

FAQ About Florida Overtime Laws

Does Florida Require Daily Overtime after 8 Hours?

No. Florida follows federal law, which calculates overtime based on a seven-day workweek. Overtime is due only after 40 hours in a workweek, regardless of how many hours an employee works in one day.

Are Remote Workers Entitled to Overtime in Florida?

Yes, if they’re non-exempt. Working from home doesn’t change FLSA obligations. Employers must track remote employees’ hours, pay overtime for workweeks exceeding 40 hours, and compensate for all work performed, including after-hours emails and video calls.

Do Salaried Employees Get Overtime in Florida?

Sometimes. Salary alone doesn’t determine exemption status. A salaried employee who spends most of their day performing non-exempt tasks (data entry, customer service, manual labor) may still be non-exempt and owed overtime.

How Long Do I Have to File an Unpaid Overtime Claim in Florida?

Most unpaid overtime claims carry a two-year statute of limitations. If the employer’s violation was willful, the deadline extends to three years.

Do Employers Have to Pay Overtime for Working on Holidays in Florida?

Not automatically. Holiday work requires overtime pay only if it pushes the total workweek over 40 hours. Florida law does not mandate premium pay for holidays, weekends, or night shifts.

Take the Next Step on Unpaid Overtime in Florida

Sean Carlo Lopez, Employment Lawyer

One conversation may change how you see your paycheck. If you’re tracking 50-hour weeks but seeing straight pay, or if your “manager” title comes with cashier duties and no real authority, something’s broken.

Lopez Law Group handles wage disputes with the same attention we bring to contracts, real estate conflicts, and business issues across St. Petersburg and Pinellas County. Contact an employment attorney to discuss your hours, your pay stubs, and whether Florida law supports your claim. Consultation fees apply for employment law inquiries.

CALL FOR A CASE EVALUATION

See Also:

• MISCLASSIFICATION AS EXEMPT LAW IN FLORIDA FOR EMPLOYERS
• SEVERANCE CONTRACT DRAFTING LAW IN FLORIDA FOR EMPLOYERS
• NON-COMPETE AGREEMENT LAW IN FLORIDA FOR EMPLOYERS
• SEVERANCE CONTRACT DRAFTING LAW IN FLORIDA FOR EMPLOYERS