Florida Overtime Labor Laws

August 7th, 2006 Posted by Mark

It’s pretty interesting and important to know that overtime issues across the United States are basically held to one set of standards, the federal government’s Fair Labor Standards Act, the FLSA or the Wage and Hour Law for short. But states can have many of their own overtime laws, or a few. And that’s what makes Florida a special case and worthy of note for this blog.

Florida overtime law really is made up of one law, statute 448.01. In basic terms, this Florida overtime law sets 10 hours as the length of a legal workday for manual laborers. If we look at the law a little further, it goes on to explain, though, that 10 hours makes a legal workday unless the employee and the employer have signed a contract that requires more or less hours to be carried out in the day.

Now we get to the part about overtime. The Florida law continues that unless a contract has been agreed to by the employer and the employee, then overtime pay is due for all work over 10 hours a day. That means that if you were a laborer in Florida, and you’re employer required that you work 11 hours a day, in that case you would be entitled to extra pay.

Otherwise, if you weren’t a laborer working by the day, week, month, or year, as stipulated in the Florida regulation, then you would have to follow the rules of the federal Wage and Hour Law.

In short—and where we have room later I can go into further detail—the FSLA is the rule that most employees and employers are familiar with when it comes to overtime. It’s the general rule that employees who work more than 40 hours in a week shall be paid one-half times their normal pay rate for any hour over that 40.

The Florida Complete Labor Law poster has more detailed information on Florida and the FLSA laws alongside all of the federal labor laws.

Last 10 posts by Mark

« California Overtime Labor Laws
Illinois Overtime Labor Laws »
Posted in Employment Laws, Flordia, Overtime, Wage and Hour

  1. Posted by: Stacy

    I work as a Home Health Aide in Florida. I was getting overtime pay befor my company merged with another. Now they state that they will not pay overtime to workers any more. Is this legal?

  2. Posted by: Amelia

    Hi Stacy! Assuming that the company is large enough to be covered by the federal FLSA or Fair Labor Standards Act, any employee who works more than 40 hours in a payroll week must be paid overtime.

    However, when many managers say “we will not pay overtime anymore” what they actually mean is that employees will not be permitted to work more than 40 hours in the payroll week. An employer can forbid employees from working more than 40 hours and discipline or terminate any employee who does, although the employer must still pay the employee for hours worked.

    If the federal overtime law does not apply, then this answer would be different. HTH, and thanks for reading the blogs!~ Amelia

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