Overtime Law Firm in Florida

What Florida overtime law requires

Florida has no separate state overtime statute, so overtime comes from federal law: time and a half for all hours over 40 in a workweek under 29 U.S.C. § 207(a). There is no daily overtime in Florida — a 12-hour day is not overtime unless the week passes 40 hours.

Overtime must be paid on your regular rate, which includes non-discretionary bonuses, shift differentials, and most incentive pay, not just your base wage, under 29 C.F.R. § 778.109 and 29 C.F.R. § 778.208.

Work your employer knows about counts even if it was never requested or approved — including pre-shift setup, post-shift cleanup, and work taken home, under 29 C.F.R. § 785.11 and 29 C.F.R. § 785.13.

Florida minimum wage, tips, and the notice rule

Florida's minimum wage is set by the state constitution and rises on an annual schedule under Fla. Const. art. X, § 24, implemented by Fla. Stat. § 448.110. Employers taking a tip credit must still bring tipped workers to the full state minimum wage, and the federal tip rules appear in 29 U.S.C. § 203(m).

Florida minimum-wage claims carry a pre-suit step: before filing suit under the state statute, a worker must notify the employer in writing of the claim and allow 15 calendar days to resolve it under Fla. Stat. § 448.110(6). Federal overtime claims under 29 U.S.C. § 207(a) require no such notice, which is one reason claims are often framed federally.

What can be recovered under the FLSA

A successful FLSA claim recovers the unpaid wages plus an equal amount as liquidated damages, together with attorney's fees and costs, under 29 U.S.C. § 216(b). That doubling is the default; the employer must prove good faith to avoid it.

The lookback is two years, or three years if the violation was willful, under 29 U.S.C. § 255(a). State-law claims for unpaid wages have their own periods under Fla. Stat. § 95.11, and minimum-wage claims can reach back four or five years depending on the theory.

FLSA settlements of contested claims generally require court or Department of Labor approval to be enforceable, Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), so a private release your employer asks you to sign may not end the claim.

Salaried, exempt, and 1099 labels

A salary does not make you exempt. The white-collar exemptions require both a salary basis and specific duties under 29 U.S.C. § 213(a)(1) and 29 C.F.R. Part 541, and job titles carry no weight.

For 1099 workers, Florida follows the federal economic-reality test rather than California's ABC test; the current federal framework is codified at 29 C.F.R. Part 795, and the Eleventh Circuit weighs control, investment, permanence, skill, and integration into the business.

Retaliation for complaining about pay — including an oral complaint — is prohibited by 29 U.S.C. § 215(a)(3), and the Supreme Court confirmed oral complaints are protected in Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (2011).