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What Are Florida's Overtime Laws?

Florida Overtime LawsFlorida Overtime Laws
min read
August 21, 2023

Florida is one of those states that doesn’t have local overtime regulations. So, what does this mean for you?


It essentially means employers must follow federal overtime pay laws. Namely, the Fair Labor Standards Act (FLSA).


In this article, we’ll cover everything you need to know about these laws and how to calculate overtime pay

What Counts as Overtime in Florida?

In Florida, overtime is any hours worked over 40 in a seven-day period. Employees get 1.5 times their regular rate of pay for any overtime work.


So, for example, if you’re paying an employee $15 per hour and they work an hour in overtime, you owe them $22.5. 


But not every employee is eligible for overtime. Let’s dig into who gets overtime—and who doesn’t.

Who Is Eligible for Overtime Pay in Florida?

So who, exactly, qualifies for overtime? Usually, it’s non-exempt or hourly employees that fit the bill.


Employees are considered non-exempt and, thus, eligible for overtime if they: 


Who Is Exempt from Overtime Pay in Florida?

As it often happens, it’s easier to denote who is not eligible for mandatory overtime. Overtime exemptions usually include highly paid and salaried employees


The following roles are exempt if they earn more than $684 a week:


Independent contractors, since they are not technically employees, are also considered exempt from overtime.

How to Calculate Overtime Wages

You know the overtime rules. But how do you calculate how much to pay your team? And what about tipped employees—is it any different than hourly overtime? 

The answer is yes. Overtime rates are different for employees that don’t earn tips and those that do.  

To help, we’ve calculated both rates.

Non-Tipped Employees

First, let’s look at how you would total the overtime for a non-tipped employee. To keep it simple, we’ll use the current minimum wage rate for this formula. But in your own calculations, you can use your employee’s hourly wage. 

2022 Florida minimum wage rate: $11

Overtime hourly rate: $16.50 ($11 x 1.5)

So, let’s say you have an employee that works 42 hours in a workweek, here’s how their pay would break down:

Regular Gross Pay = Wage x Hours Worked

$11 x 40 = $440

Overtime Pay = Overtime Hourly Rate x Overtime Hours Worked

$16.50 x 2 = $33

Total Gross Pay = Regular Pay + Overtime Pay

$440 + $33 = $473

Tipped Employees

For tipped employees, subtract the state’s tip credit from their regular pay and overtime rates to get how much you owe them.

In the state of Florida, the tip credit is $3.02. If you pay minimum wage, here's what you'd pay your team:

Tipped minimum wage: $7.98

Tipped overtime wage: $13.48

According to labor laws, the amount an employee makes with their tips has to equal (or exceed) the state’s minimum wage for regular and overtime pay—or else you have to make up the difference.

So, let’s say you have an employee that earns minimum wage + tips and works 42 hours a week. Here’s how their pay would break down:

Regular Gross Pay = Tipped Wage x Hours Worked

$7.98 x 40 = $319.20

Overtime Pay = Tipped Overtime Wage x Overtime Hours Worked

$13.48 x 2 = $26.96

Total Gross Pay = Regular Tipped Pay + Overtime Tipped Pay

$319.20 + $26.96 = $346.16 + tips

If this employee weren't tipped, they'd make $473 in minimum wage. That means they'll need to make up that difference in tips or else you'll have to step in and pay it.

Or skip the hassle and use payroll software like Hourly. It automatically calculates pay for your employees (including overtime hours) and you can pay your team with a single click.


Is overtime after 8 hours a day or 40 hours a week in Florida? 

In Florida, there are no overtime requirements for hours worked over 8 in a day. Overtime is based on a weekly count of hours (anything over 40) and not a daily count.

Is Florida a daily overtime state?

No, Florida is not a daily overtime state because overtime isn’t calculated based on a daily rate, but rather a weekly one. Anything over 40 hours a week is considered overtime for non-exempt employees as per Florida overtime law.

Alaska, California, Colorado, Nevada, Oregon, Puerto Rico, and the Virgin Islands are the only states or territories with daily overtime laws.

What about working on vacations and breaks? 

Florida employers aren’t required to give vacation days or pay in Florida. But if you set a vacation policy, the law mandates that you provide it.


The same goes for breaks. If you choose to offer breaks to your employees, you’ll need to follow federal law. This means breaks of less than 20 minutes have to be paid. Meal breaks of 30 minutes or more can be unpaid. 

Can overtime be mandatory in Florida?

Overtime is mandatory in Florida for non-exempt employees who work more than 40 hours a week. They have to be paid a rate of at least one and a half times their regular rate. This is because Florida defaults to federal law when it comes to overtime. 

Florida Overtime in a Nutshell 

Florida follows the federal Fair Labor Standards Act for the majority of its employment law, including its rules on overtime pay requirements. 


And to keep things simple, it’s not a daily overtime state. So employees are only eligible if they work more than 40 hours a week and meet the non-exemption requirements.

Now that you know all there is to know about overtime in Florida, all that’s left to do? Start updating your payroll today!

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