Florida Overtime Laws
Florida follows federal FLSA overtime rules.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$14.00
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Standard FLSA exemptions apply
Important Notes
Florida follows federal FLSA overtime rules.
State Labor Department
Florida Economy and Workforce
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.
Industries with Common Overtime
These Florida industries frequently involve overtime work situations:
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.
Frequently Asked Questions
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.
How to File a Wage Claim in Florida
If you believe you are owed overtime pay, follow these steps:
Document all hours worked and unpaid overtime with pay stubs, timesheets, and other records.
Since Florida has no state wage claim process, file a complaint directly with the U.S. Department of Labor Wage and Hour Division.
You can file online at the DOL website or call 1-866-4USWAGE (1-866-487-9243).
The WHD will investigate and may require your employer to pay back wages and liquidated damages.
Alternatively, you can file a private lawsuit under Florida's Minimum Wage Act (Fla. Stat. 448.110) or federal FLSA.
Consider consulting an employment attorney, as successful plaintiffs can recover attorney fees.
Important Florida Consideration
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.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.