Editor’s Note: This is the first in a series of blogs on Florida’s overtime laws and requirements. The series will cover everything from what constitutes overtime, how many hours are legal, how you calculate your time and when it is time to consult with an attorney.
If you put in the time, you should get paid.
While that sounds like a perfectly reasonable workforce equation, when it comes to situations like overtime pay, Florida workers sometimes find themselves fighting to get compensated for the additional hours they work. Oftentimes, the situation comes down to what field you work in and/or the circumstances of your situation.
Taking the aforementioned factors into account, there may be certain limitations on mandatory overtime, which makes your employer legally bound to honor those requirements. More than anything, it is important to understand your employment parameters, which will help ensure your rights are not being violated.
For example, while some states have daily overtime limits that grant overtime to employees who work more than their certain allotment of hours in a single day, Florida has no such limits. Overtime pay in Florida is are based on your wages, duties, and occupations, not your job title.
Since Florida does not have overtime laws to protect employees, workers must utilize federal law; specifically, the Fair Labor Standards Act (FLSA). The FLSA provides that all non-exempt Florida employees who work more than 40 hours in any given workweek be paid time and a half—or 1.5 times their standard rate of pay—for every hour worked beyond the traditional 40.
Hourly employees and many salaried employees earning a salary of less than $684.00/week are eligible for overtime. Even salaried employees earning more than $684.00/week may qualify for overtime pay (i.e., be “non-exempt”) depending on the job duties and responsibilities. Keep in mind, it is not the job title your employer gives you, it’s your primary job duties that matter. For example, your job title could be Executive Director of Information and Data but if your primary duty is simple data entry, then you would likely be eligible to receive overtime.
In addition, companies often label employees as independent contractors to try and avoid paying overtime. However, if your employer treats you like an employee rather than a true 1099’d independent contractor, then you are eligible for overtime pay.
Another area where overtime questions arise is during holidays hours. While businesses can use discretion in for pay and/or additional compensation for holiday work, neither the State of Florida law or FLSA require premium pay for the time period, unless you work more than 40 hours in a workweek and are otherwise eligible for overtime pay.
If you believe you are owed overtime pay from your employer, you need an attorney who is committed to understanding the ins and outs of Florida’s employment laws. With more than 100-plus years of experience, Florin Gray Bouzas Owens, LLC, has been a trusted ally in the fight for worker’s rights. Whether it is answering your general questions, filing a claim or walking you through the paperwork and deadlines, our attorneys will work tirelessly on your behalf.
Please contact our office for a free consultation or call us at (727) 220-4000.
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