The overtime rights of employees in the State of Florida are governed by the federal overtime law, known as the Fair Labor Standards Act (“FLSA”). Under the FLSA, employers in Florida must pay eligible employees time-and-half for their overtime hours worked. “Overtime” is defined as any time worked over 40 hours in a workweek.
Under certain scenarios, employers may pay overtime at a rate of half of the effective hourly rate. Either way, employers in Florida must pay overtime wages to eligible employees. Employees “eligible” for overtime in the State of Florida include all hourly employees, as well as salaried employees who are not employed in a truly managerial position, or who are not responsible for administration of the employer’s business, or who are not “white-collar” professionals (such a lawyers and doctors). For these salaried positions, the eligibility for overtime does not depend on an employee’s title; rather, the employee’s right to overtime depends on the actual duties performed by the employee. In addition, many workers labeled by their Florida employers as “independent contractors” are eligible for overtime if, in reality, they are really employees. If workers in the State of Florida have any questions regarding the right to overtime, then they should contact the Shavitz Law Group for a free consultation.