Florida Overtime Calculator — Fla. Stat. § 448.01 + FLSA

Frequently Asked Questions

• Does Florida have a daily overtime law?

  Yes. Florida Statute § 448.01 establishes that 10 hours is the 'legal day's work' and requires employers to pay extra pay for all hours beyond 10 per day when the employer directs those hours. This is separate from the federal FLSA rule, which only mandates overtime after 40 hours per week.

• What is the overtime threshold under Florida's daily overtime law?

  Under Fla. Stat. § 448.01, the daily threshold is 10 hours. Hours worked beyond 10 in a single workday when required by the employer must be compensated with extra pay. Compare this to California, which sets the daily threshold at 8 hours.

• How is Florida's daily overtime rate calculated?

  The statute requires 'extra pay' without specifying a multiplier. Courts and labor agencies generally interpret this as at least the employee's regular hourly rate for the excess daily hours, in addition to the FLSA 1.5× rate that applies to any weekly overtime hours.

• Can a written employment contract override Florida's 10-hour daily rule?

  Yes. Fla. Stat. § 448.01 explicitly allows employers and employees to agree in writing to a different daily work arrangement. The written contract can specify greater or fewer daily hours. However, no contract can waive the federal FLSA 40-hour weekly overtime requirement.

• If I work 11 hours on one day but only 35 hours total, do I get overtime?

  Yes — under Florida § 448.01, you are entitled to extra pay for the 11th hour on that day, even though you're under 40 hours for the week. The FLSA weekly rule would not apply, but Florida's daily rule would since the employer required those additional hours.

• Do Florida's overtime rules apply to salaried employees?

  Both FLSA and Florida § 448.01 contain exemptions for certain salaried employees. The FLSA white-collar exemptions (executive, administrative, professional) require meeting both a salary level test and a duties test. Employees earning above the FLSA salary threshold ($684/week as of 2024) who meet the duties criteria are generally exempt from both rules.

• What is Florida's minimum wage for overtime calculations in 2026?

  Florida's minimum wage is $14.00/hr from January 1 through September 29, 2026, and $15.00/hr starting September 30, 2026. Overtime pay (1.5× the regular rate) is calculated on the employee's actual hourly rate, which must be at least the applicable Florida minimum wage.

• Are tipped employees entitled to overtime in Florida?

  Yes. Tipped employees are entitled to overtime at 1.5× their regular rate. In 2026, the tipped cash wage minimum is $10.98/hr (plus tips) through September 29, and $11.98/hr from September 30. Overtime is calculated on the full regular rate including tips, not just the cash wage.

• How does the 'required by employer' language in § 448.01 affect my rights?

  Fla. Stat. § 448.01 applies when work beyond 10 hours is 'performed by the requirement of the employer.' If you voluntarily stay late without employer direction, the statutory claim may be weaker — though employers often pay extra regardless to avoid disputes. Always document when your employer explicitly requires extended hours.

• How do I recover unpaid overtime in Florida?

  For FLSA violations, file a complaint with the U.S. Department of Labor Wage and Hour Division or file a private lawsuit. For violations of Florida § 448.01, pursue a civil action under Fla. Stat. § 448.08, which allows recovery of unpaid wages plus attorney's fees and costs. The FLSA statute of limitations is 2 years (3 for willful violations).