Florida Overtime Calculator — FLSA rules

Frequently Asked Questions

• Does Florida have its own overtime law separate from federal FLSA?

  No. Florida does not have a state overtime law that goes beyond the federal Fair Labor Standards Act (FLSA). Overtime in Florida is governed entirely by federal rules: 1.5 times the regular rate for all hours worked over 40 in a workweek (29 USC §207). There are no daily overtime triggers or double-time provisions at the state level.

• What is the overtime rate in Florida in 2026?

  Florida follows the federal FLSA overtime rate of 1.5 times (time-and-a-half) your regular rate of pay for every hour worked over 40 in a workweek. If you earn Florida's current minimum wage of $14.00/hr (effective through Sep 29, 2026), your minimum overtime rate is $21.00/hr. Source: 29 USC §207; floridajobs.org (as of 2026).

• Does Florida require daily overtime pay (like California)?

  No. Florida has no daily overtime trigger. Overtime is only owed after you work more than 40 hours in a workweek. California requires overtime after 8 hours in a single day and double-time after 12 hours in a day, but these rules do not apply in Florida.

• What is the FLSA salary threshold for overtime exemptions in Florida?

  Under the federal FLSA (which Florida follows), employees classified as executive, administrative, or professional (EAP) must earn at least $684 per week ($35,568 per year) on a salary basis to qualify for the overtime exemption. Highly compensated employees (HCE) must earn at least $107,432 per year total compensation. Job duties tests must also be satisfied. Source: 29 CFR Part 541, as of 2026.

• Can a Florida employer make a salaried employee ineligible for overtime?

  Not automatically. Paying a salary alone does not eliminate an employee's right to overtime. The employer must also satisfy the FLSA duties test for the applicable exemption (executive, administrative, professional, computer, or outside sales). An employee misclassified as exempt may be owed back overtime pay plus attorney's fees under FL §448.08.

• How is overtime calculated for salaried non-exempt employees in Florida?

  For salaried non-exempt employees, the regular rate of pay equals the weekly salary divided by 40. For overtime hours, the employee is entitled to an additional 0.5 times that regular rate per overtime hour worked (the salary already covers straight-time pay for all hours). This is the FLSA 'fluctuating workweek' method, which requires a clear mutual understanding with the employer.

• Does Florida's minimum wage affect overtime calculations?

  Yes. The overtime rate is based on the employee's regular rate of pay, which cannot be below Florida's minimum wage. As of May 2026, Florida's minimum wage is $14.00/hr, so the minimum overtime rate is $21.00/hr (1.5 × $14.00). From September 30, 2026, when the minimum wage rises to $15.00/hr, the minimum overtime rate increases to $22.50/hr.

• What can I do if my Florida employer refuses to pay overtime?

  You have two main options: (1) File a complaint with the U.S. Department of Labor Wage and Hour Division (WHD), which can investigate and recover back wages at no cost to you. (2) File a private lawsuit under the FLSA. If you prevail, you may recover the unpaid overtime wages, an equal amount in liquidated damages, and attorney's fees. Under FL §448.08, a prevailing employee in a Florida wage action can also recover attorney's fees in state court.

• Are tips counted toward the overtime calculation in Florida?

  No. Tips are generally not included when calculating the regular rate of pay for overtime purposes. Overtime is based on the hourly rate you are paid by the employer. If you are a tipped employee earning the tipped minimum wage ($10.98/hr through Sep 29, 2026), your overtime rate is 1.5 × $10.98 = $16.47/hr (plus tips separately received).

• Does the 'white collar' overtime exemption apply in Florida?

  Yes. The FLSA white-collar exemptions (executive, administrative, professional) apply in Florida just as in all other states. To qualify, an employee must: (1) be paid on a salary basis, (2) earn at least $684/week, and (3) primarily perform executive, administrative, or professional duties as defined by federal regulations. Florida does not impose stricter duties tests than the federal standard.