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Florida overtime.

Florida follows federal FLSA overtime: 1.5× after 40 hours per workweek.

State code

FL

Weekly OT

40

hrs

Daily OT

—

Double time

—

Min wage

$14.00

/hr

The rules

How Florida calculates overtime.

Weekly overtime

Hours over 40 per workweek paid at 1.5×

Daily overtime

Not required by state law

Double time

Not required by state law

7th consecutive day

No special rule

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The weekly timesheet automatically applies FL rules.

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Exemptions

Who's outside the rules

These categories of employees may be exempt from the overtime requirements above:

01

Standard FLSA exemptions apply

Important notes

Florida follows federal FLSA overtime rules.

Where to file a claim

Florida Department of Economic Opportunity

Phone

(850) 245-7105

Website

https://floridajobs.org

Economy & workforce

Florida at a glance

Florida has the fourth-largest economy in the United States with a $1.726 trillion gross state product in 2024. If Florida were an independent nation, it would rank as the world's 15th-largest economy. The state welcomed 75.3 million visitors to Central Florida alone in 2024, generating $94.5 billion in tourism economic impact. Real estate and development is the single largest contributor at 23.3% of GSP.

Where overtime happens

Industries with frequent overtime

Tourism and Hospitality

With 1.14 million tourism and hospitality employees (10.9% of the workforce), hotels, theme parks like Disney and Universal, restaurants, and attractions frequently require overtime during peak tourist seasons.

Healthcare

Education and health services gained the most jobs in Q3 2024, with hospitals, nursing homes, and medical facilities regularly requiring overtime from nurses and healthcare workers.

Construction

Florida's construction industry supports the massive real estate sector, with workers often putting in overtime to meet project deadlines in the state's year-round building season.

Retail and Warehousing

Trade, transportation, and utilities is Florida's top employment sector. Distribution centers and retail operations require significant overtime during holiday seasons and special events.

Agriculture

Florida's agricultural sector, especially citrus and produce, requires seasonal workers who often work extended hours during harvest periods.

Common questions

Florida overtime FAQ

No. Florida does not have a separate state overtime statute and follows federal FLSA requirements. Non-exempt employees must be paid 1.5 times their regular rate for hours worked over 40 in a workweek.

As of September 30, 2024, Florida's minimum wage is $13.00 per hour, making the minimum overtime rate $19.50 per hour. This increases to $14.00 minimum wage ($21.00 overtime) on September 30, 2025.

You have 2 years from the date of the violation to file an overtime claim, or 3 years if your employer's violation was willful. This follows federal FLSA statute of limitations.

Step by step

Filing a wage claim in Florida

If you believe you're owed unpaid overtime, here's what to do — in order.

1

Document all hours worked and unpaid overtime with pay stubs, timesheets, and other records.

2

Since Florida has no state wage claim process, file a complaint directly with the U.S. Department of Labor Wage and Hour Division.

3

You can file online at the DOL website or call 1-866-4USWAGE (1-866-487-9243).

4

The WHD will investigate and may require your employer to pay back wages and liquidated damages.

5

Alternatively, you can file a private lawsuit under Florida's Minimum Wage Act (Fla. Stat. 448.110) or federal FLSA.

6

Consider consulting an employment attorney, as successful plaintiffs can recover attorney fees.

Worth knowing

Florida's minimum wage increases annually on September 30th (not January 1st like most states), which affects overtime calculations. Florida workers should be aware that their overtime rate changes in the fall. Additionally, Florida has no state enforcement agency for wage claims, so workers must file with the federal DOL or pursue private legal action.

For general education only. Overtime law changes and has exceptions not listed here. For a specific situation, talk to your employer's HR department, the Florida Department of Labor, or an employment attorney.

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Estimates only. Not legal advice. Always confirm with HR, your state Department of Labor, or an employment attorney.