Practice Areas

Unpaid Overtime in Florida

If you are in the process of researching overtime laws on the internet, you may already know that non-exempt employees in Florida are entitled to time-and-a-half compensation for any hours worked over 40 in a week. If you are owed additional compensation, please speak with an experienced attorney today. Our lawyers understand the laws pertaining to unpaid overtime in Florida.

Florida Defers to Federal Overtime Law

Because Florida doesn’t have established overtime legislature, the federally crafted Fair Labor Standards Act (FLSA) specifies workers’ wage and hour rights including for overtime pay. As attorneys that understand the laws of unpaid overtime in Florida, we know that employers must comply with both state and federal laws. Although FLSA establishes overtime pay, not all employees are entitled to additional payment.

Examples of Exempt Positions

FLSA categorizes the following types of “bona fide” positions as meeting exempt status from overtime pay.

Executive Employees: The exempt employee must be “managing the enterprise” meaning that they are supervising a department of the company. They should have the authority to hire, promote, or terminate the employment of other employees.

Administrative Employees: The employee must be performing “work directly related to the management or business operations” of the company.

Professional Employees: FLSA categorizes two types of professionals that may be exempt from overtime pay. The learned professional must perform work that is “predominantly intellectual” and have knowledge in a “field of science or learning” that was “acquired by a course of specialized intellectual instruction.” The creative professional must engage in work that requires “invention, imagination, originality, or talent” in a field of “artistic or creative endeavor.”

Computer Employees or Highly Compensated Employees: Employees that work in highly advanced computer positions like software engineers, programmers, and computer systems analysts may be exempt. In addition, any non-manual type of work in which the employee earns over $100,000 in base salary annually is also exempt.

Contact Attorneys That Understand Unpaid Overtime in Florida

Our wage and hour lawyers can help assess your employment status and determine if you should be compensated with overtime pay. For example, if you are a non-manager employee that is paid an hourly rate, you are entitled to overtime pay. Similarly, any labor-oriented position that is not in an office environment or a highly specialized field is entitled to overtime pay as well. When you seek the advice of one of our attorneys, we will provide you with any insight you need pertaining to your employment law questions.

If you would like to speak with one of our attorneys that specializes in unpaid overtime in Florida, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Have A Legal Question? Request A Consultation Today