What Florida Workers Need to Know About Overtime Laws

Understanding Florida overtime laws is essential for workers across the state, especially those putting in long hours. While Florida doesn't have a state-specific overtime statute, employees are still protected under the federal Fair Labor Standards Act (FLSA). Knowing your rights under this law can help ensure you're fairly paid and not taken advantage of.

Who Qualifies for Overtime in Florida?

Under the FLSA, most hourly workers in Florida are considered non-exempt and must be paid 1.5 times their regular hourly rate for any time worked beyond 40 hours in a workweek. Since Florida overtime laws follow federal guidelines, eligibility mainly depends on two factors: how you’re paid and what your job duties are.

Being salaried doesn’t automatically make you exempt. In fact, some salaried employees are still entitled to overtime. To be truly exempt, your job must meet specific requirements—often related to executive, administrative, or professional duties—and your salary must meet the current federal threshold.

Job Titles Don’t Determine Overtime Rights

One of the biggest myths in the workplace is that your job title dictates your overtime status. In reality, it's your actual job responsibilities and pay structure that matter. For example, a “manager” who spends most of their time stocking shelves and earns less than the federal threshold may still be eligible for overtime.

Many employees in hospitality, construction, agriculture, retail, and healthcare in Florida are commonly misclassified. Misclassification denies workers the extra pay they are legally entitled to. If you’re unsure about your classification, don’t assume—get clarification.