Overtime Pay in Florida: Understanding Your Rights
The Fair Labor Standards Act, or FLSA, for example, ensures that workers are paid a fair wage for the work they perform by requiring most employers to pay covered workers at least the federal minimum wage. Learn more about overtime pay in Florida in this presentation.
Published on: Mar 3, 2016
Transcripts - Overtime Pay in Florida: Understanding Your Rights
“The Fair Labor Standards Act, or FLSA, for example,
ensures that workers are paid a fair wage for the
work they perform by requiring most employers
to pay covered workers at least the
federal minimum wage.”
Overtime Pay in Florida – Understanding Your Rights floridaovertimelawyer.com 866-344-9243 2
In the United States, a number of federal laws protect workers from unfair labor
practices. The Fair Labor Standards Act, or FLSA, for example, ensures that
workers are paid a fair wage for the work they perform by requiring most
employers to pay covered workers at least the federal minimum wage. The FLSA
also requires workers to be paid overtime pay under certain circumstances. If you
regularly work over 40 hours a week, or you work an unusual and/or erratic
schedule at your job, you could be entitled to overtime pay.
If you are entitled to overtime pay and your employer is not compensating you
accordingly you may be able to pursue legal action against your employer.
Because of the fact specific nature of a claim based on a violation of the FLSA it
is always best to consult with an experienced Florida employment law attorney to
Overtime Pay in Florida – Understanding Your Rights floridaovertimelawyer.com 866-344-9243 3
determine if your employer is violating your rights; however, a basic
understanding of your rights with regard to overtime may also be beneficial.
ARE YOU COVERED BY THE FLSA?
Although the FLSA covers most workers in the United States it does not cover all
workers. Because the FLSA is a federal law, those covered by it must have a
federal connection. Fortunately, the law defines that connection broadly.
According to the FLSA, covered employees include:
“All employees of certain enterprises having workers engaged in interstate
commerce, producing goods for interstate commerce, or handling, selling, or
otherwise working on goods or materials that have been moved in or produced
Overtime Pay in Florida – Understanding Your Rights floridaovertimelawyer.com 866-344-9243 4
for such commerce by any person, are covered by the FLSA.” “Certain
enterprises”, for purposes of the FLSA, include:
• Businesses with an annual gross volume of sales or business done of
$500,000 or more OR
• Certain hospitals, long-term care facilities, and schools OR
• Is an activity of a public agency
Even if your employer does not meet the definition of a “covered enterprise”, you
may still be covered by the overtime provisions of the FLSA if you are “engaged
in interstate commerce or in the production of goods for interstate commerce, or
in any closely-related process or occupation directly essential to such
production.” Examples of employees who meet this definition include workers
• Work in communications or transportation
• Regularly use the mails, telephones, or telegraph for interstate
• Keep records of interstate transactions
• Handle, ship, or receive goods moving in interstate commerce
• Regularly cross State lines in the course of employment
Work for independent employers who contract to do clerical, custodial,
maintenance, or other work for firms engaged in interstate commerce or in the
production of goods for interstate commerce.
Overtime Pay in Florida – Understanding Your Rights floridaovertimelawyer.com 866-344-9243 5
HOW IS OVERTIME PAY COMPUTED?
If you are a covered employee, and are therefore entitled to overtime pay under
the FLSA, you need to understand how overtime pay is calculated in order to
ensure that your employer is not violating your rights under the FLSA. If you are
entitled to overtime pay that means you must be paid at a rate of at least one and
one-half times your regular rate of pay for each hour that qualified for overtime
pay. For most employees, overtime pay is required for all hours (or portion
thereof) the employee works beyond 40 hours in a given workweek. For
example, if your regular
rate of pay is $10.00 per
hour you would earn
$15.00 per hour for
every hour of overtime
worked. For employees
paid by piecework,
overtime pay is
calculated by dividing
the total weekly
earnings by the total
number of hours worked in that week unless the parties have agreed to an
alternate means of computing pay. Overtime for piecework employees may also
be paid by paying one and one-half times the piece rate for each piece produced
during the overtime hours.
Overtime Pay in Florida – Understanding Your Rights floridaovertimelawyer.com 866-344-9243 6
WHAT IS A WORKWEEK?
For most workers it is
clear when they have
worked more than 40
hours in a workweek;
however, there are
determining if an
employee has exceeded
the 40 hour workweek.
According to FLSA, a
workweek is “a fixed and
regularly recurring period of 168 hours -- seven consecutive 24-hour periods.” A
workweek does not have to begin or end on any specific day but averaging hours
over a two week period (or longer) is not permissible when calculating hours for
purposes of overtime pay. Finally, a worker cannot waive the right to overtime
nor can an employer refuse to pay overtime on the basis that the employer has a
policy that only allows employees to work 40 hours a week. In other words,
regardless of what the employer’s policy may be with regard to hours worked in a
week, if an employee does end up working more than 40 hours in a workweek
the employee is entitled to overtime pay.
Overtime Pay in Florida – Understanding Your Rights floridaovertimelawyer.com 866-344-9243 7
EXCEPTIONS TO THE OVERTIME REQUIREMENTS
The FLSA covers most employees with regard to overtime pay; however, there
are exceptions to that general rule. Certain types of employees are exempted
from overtime pay requirements. The law construes these exemptions narrowly
against the employer, meaning that if there is doubt as to whether or not an
exemption applies the law will generally err on the side of concluding that the
employee is entitled to overtime pay.
Overtime Pay in Florida – Understanding Your Rights floridaovertimelawyer.com 866-344-9243 8
Although the list of possible exemptions is long under the FLSA, some of the
most commonly used exemptions include:
• Executive –the employee must be salaried at a rate of not less than
$455 per week, he/she must be in a management position, must
customarily direct the work of at least two full-time employees, and have
the authority to hire and fire employees or participate in the hiring and
• Administrative –the employee must be salaried at a rate of not less
than $455 per week, work at an office or non-manual job related to the
management or business operations, and must exercise discretion and
independent judgment in the position.
• Professional – the employee must be salaried at a rate of at least $455
per week, perform work requiring advanced knowledge, acquired by a
prolonged course of intellectual instruction, in science or learning,
• Computer – the employee must be salaried at not less than $455 per
week or the equivalent and work as a computer systems analyst,
computer programmer, software engineer or other similarly skilled
• Sales –the employee’s primary duty must be to make sales or obtain
orders or contracts and must customarily and regularly be engaged
away from the employer’s place of business.
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If you believe your employer has violated your right to overtime pay you may be
entitled to pursue legal action against the employer which may result in
compensation for the wages you are owed as well as additional compensation in
some cases. The best way to determine if you are, indeed, owed wages from
your employer is to consult with an experienced Florida employment law attorney
as soon as possible.
United States Department of Labor, Exemptions
United States Department of Labor, Fact Sheet #17A
United States Department of Labor, Wages, Overtime Pay
United States Department of Labor, Handy Reference Guide to the Fair Labor
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About the Author
Richard Celler is the Managing Partner of Richard Celler Legal,
P.A., a/k/a the Florida Overtime Lawyer. He created this firm after
having served as the Founding Member and Managing Partner of
one of the largest employee/plaintiff side employment law divisions
in the United States.
In November 2013, Mr. Celler left big firm life with the idea of
reopening his own litigation firm with an emphasis on something most big firms cannot provide
– - a lower volume of cases, and more focus on the needs and attention of every single client.
Mr. Celler’s practice focuses on all areas of the employment context from discrimination,
harassment, and retaliation under the Florida Civil Rights Act, Title VII, the Family Medical
Leave Act, and other employment related statutes. Additionally, Mr. Celler represents
individuals in whistleblower and wage and hour litigation (overtime, minimum wage,
commissions, final paychecks).
Many firms charge clients for an initial consultation to discuss their claims. Mr. Celler does not.
You can call him or email him to discuss your case for free. If he elects to represent you, your
case will be handled on a contingency basis, which means that he only gets paid, if you get
paid. We encourage you to look at the remainder of our website for information on your rights
and benefits in the workplace – www.floridaovertimelawyer.com.
Richard Celler Legal, P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314