Does Florida Law Require Employers to Give Overtime and Holiday Pay to Employees?

July 17, 2020

Florida doesn’t have its own laws that require employers to give vacation or holiday leave to employees. However, there are Florida companies that do provide vacation or holiday pay as part of their benefits.

Also, the state doesn’t have any overtime laws on the books that differ from federal labor laws. Under the federal Fair Labor Standards Act (FLSA), it’s not compulsory for employers to pay their workers for time not worked, such as vacations, sick leave or state and federal holidays.

Read more about overtime and holiday pay below.

Do I Earn Overtime If I Work on a Holiday?

Federal employees and bank employees generally get paid for days off that are federal holidays, like President’s Day and Labor Day. Employees at private companies may also get these days off as well, or may receive holiday pay if they work.

For those Florida companies that do elect to pay their employees for holidays, most have a rule that an employee who does any work during the workweek in which a holiday occurs is entitled to the holiday off—no matter if the holiday falls on a Sunday, another day during the workweek in which the employee is not normally scheduled to work, or on the employee’s regular day off. However, employers who pay their workers for holidays can limit this by saying that employees must be employed a certain amount of time before they get paid holidays (for example, six months).

If an employee didn’t work during the work week of a holiday, he or she typically won’t get paid for the holiday (unless they’re on paid vacation or sick leave). If employers do go ahead and pay their employees for holidays, they must pay full-time employees a full day’s pay up to eight hours.

Each full-time public employee is entitled to one personal holiday each year. Members of the teaching and research faculty of the State University System and exempt administrative and professional positions aren’t eligible for this benefit.

How Much Must Florida Employees Be Paid For Overtime?

Under federal law, all non-exempt Florida employees must be paid overtime pay of time-and-a-half for any hours worked over a 40-hour workweek. There are exemptions to the federal overtime rules for professionals, executives, computer workers, and administrative employees.

In 2020, Florida’s overtime minimum wage is $12.84 an hour, or 1½ times the regular state minimum wage of $8.56 per hour. And if your hourly rate of pay is more than the Florida minimum wage, you’re entitled to at least 1½ times your regular hourly wage for all the overtime that you’ve worked.

Takeaway

Remember that whether your employer gives you time off for a holiday is typically up to their discretion. But Florida employers can’t discriminate against you when giving time off. And under federal law, all non-exempt employees have to be paid time-and-a-half overtime for any hours worked over a 40-hour workweek.

If you believe that your rights have been violated at work, you should contact an employment law attorney.

Contact an Experienced Florida Employment Law Attorney

Violations of overtime and holiday pay rules and policies can mean a significant loss of money to an employee. If you’ve suffered illegal treatment at work concerning overtime or holiday pay, you may have a claim for damages. An experienced employment law attorney may be able help you obtain compensation for your treatment and loss of wages. Contact an experienced unpaid overtime lawyer at Florin Gray Bouzas Owens, LLC for questions about overtime and holiday pay in Florida.

At Florin Gray Bouzas Owens, our legal team is dedicated to the pursuit of justice for the people we represent. Our law firm has more than 100 years of combined experience successfully representing clients in employment law. We operate differently than many law firms and always put the best interests of our clients first. Contact us today.

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