Florida (FL) Overtime Labor & Pay Laws

Effective Jan. 1, 2017, our state’s minimum wage is $8.10 per hour. The Florida state minimum wage in 2016 was $8.05 per hour. This is compared to the federal minimum wage of $7.25 per hour, which was established July 24, 2009. State law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year. The annual minimum wage is calculated based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period before Sept. 1, 2016, according to the FDEO.

Under the FLSA, employers may receive a tip credit towards the satisfaction of the minimum wage for tipped employee. Tipped employees in Florida must be paid a tipped minimum wage of $5.08 per hour, as of Jan. 1, 2017.

Non-exempt employees who work overtime in Florida are entitled to a pay rate of time-and-a-half for any hours worked over 40 in a single workweek.

As Florida does not have state-specific laws regarding overtime, state employers must follow the overtime regulations set by federal wage and hour law. If you work in Florida and you believe you are not being paid the legal state minimum wage or overtime wages, your employer may be in violation of the FLSA. Contact us today by filling out our free, no-risk case evaluation form. You may be entitled to compensation if your employer is found to be committing wage theft.