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:
- Earn under $684 a week or $35,568 a year
- Are supervised by higher-ups
- Have certain job duties, like doing repetitive tasks that require physical skills—think carpenters, manual laborers, craftsmen, electricians, etc.
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:
- Executives
- Professionals
- Administrative
- Computer or IT professionals
- Outside sales professionals
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.
FAQs
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!
1. Introducing Yourself
Your introductory email needs to pack a lot of information into a small package. Try something like this:
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Hello Jane,
My name is John Doe and I work for ABC Agency, where we provide business insurance policies to many of Dallas' rockstar small businesses.
Congratulations on your new business, Jane's Bakery. Are you wondering if you have all the insurance you need? Or if your policies will really cover you in a pinch?
At ABC Agency, we pride ourselves on providing robust, comprehensive coverage options to companies like yours with flexible, pay-as-you-go plans.
Are you available this week to talk more about how we can help? I can help you find the most affordable rates and the best policies out there.
I look forward to speaking with you soon.
Cheers,
John Doe
2. Presenting a Quote
Once you've met with your potential client, a quick reply with their quote will get the ball rolling.
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Hi Jane,
Thanks so much for meeting with me this morning. I loved touring Jane's Bakery–I can still smell those delicious chocolate chip cookies baking! You have a great location, and I'm sure you're going to do great on Front St.
After reviewing my notes, I've pulled together an insurance quote for you (attached). I recommend a business owner's policy. A BOP includes several insurance products in one: liability, property insurance, and business interruption insurance. It offers robust coverage at a competitive price.
I'll call you in a few days to see what you think about this insurance plan. In the meantime, if you have any questions, don't hesitate to email me or call me at [phone number].
Again, thank you for your time today. I look forward to working with you in the future.
Cheers,
John Doe
3. Thanks for Purchasing a Policy
Gratitude is important! It's never a bad idea to thank your clients for their business.
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Hi Jane,
Thank you for choosing a business owner's policy with ABC Agency. We know it's so important to get the right coverage for your business, and we are honoured you've placed your trust in us.
We're excited to work closely with you, and our no. 1 goal is to make sure you're business is always protected.
Do you have any questions? We are here to help. Reach out whenever something comes to mind.
Thank you again for choosing ABC Agency to insure Jane's Bakery.
Cheers,
John Doe
4. Welcome Email
A welcome email helps clients feel like you're there to help–and can softly pitch other insurance products you offer.
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Dear Jane,
Welcome to the ABC family! We are thrilled to have you as a new customer and can't wait to meet all of your insurance needs.
As an independent insurance agency, we work with multiple insurance providers to find the best coverage options for all our customers. If you need any other type of insurance–like [include additional offerings unique to your agency, like life insurance, health insurance, home insurance or anything else]–we can help you too.
Do you want to discuss any of these policies?
Cheers,
John Doe
5. Introducing a New Product
A happy client may want to expand their business with you.
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Hello Jane,
I hope all is well with you and Jane's Bakery. I stopped in yesterday for a blueberry muffin and coffee, and they were delicious. I loved the hint of cinnamon in the muffin! Was that your idea?
I wanted you to be the first to know we are now offering commercial vehicle insurance to our policyholders. Auto insurance for your catering vans is super important since your personal car insurance won't cover them.
We're offering this insurance coverage solely to our current business clients at the moment and have some very competitive rates.
Would you like me to work up a quote for you?
As always, thanks so much for being a part of the ABC family.
Cheers,
John Doe
6. Asking For Referrals
Once your relationship is established and comfortable, let your clients help you grow.
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Hi Jane,
You've been a valuable member of the ABC family for two years now, and we so appreciate your business–not to mention the muffins you supply for our monthly meetings!
Because you are a valued policyholder, I wanted to ask a quick favour. I know you are active in the local Chamber of Commerce, and I'm hoping you might know some colleagues who would benefit from working with our insurance company.
Referrals are one of the most effective ways to connect with our community since people really trust their friends, family and colleagues. Is there anyone you'd recommend I speak with?
Remember that in addition to business insurance products, we offer everything from life insurance policies to pet insurance.
As a thank you for your help, we will send you an Amazon gift card of $100 when your referrals buy insurance from us.
Thanks so much for your help!
Cheers,
John Doe
7. Policy Renewal
If your client needs to renew their policy with you, send an email like this:
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Hi Jane,
I hope you're doing well! What a year it's been—from being listed as one of the top 5 bakeries in Dallas to being an official vendor for the city—you have so much to be proud of.
Just a heads up that your business owner's policy is up for renewal soon and will expire on June 15, 2023.
If you're still happy with the coverage, we can easily renew it for you.
Do you have some time to chat this week?
Looking forward to serving you again!
Cheers,
John Doe