Minimum Wage & Overtime In Florida

The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay for covered, non-exempt employees and is enforced by the Department of Labor. Some employees are not covered by the FLSA and are considered exempt, such as some executive and professional employees. The federal minimum wage is currently $7.25 per hour. However, where state law requires a higher minimum wage, such as Florida, that higher standard applies. Florida's minimum wage is currently $7.67 per hour for hourly, non-exempt employees. Employers must pay employees at least $7.67 per hour for all hours worked. Tipped employees, who meet the FLSA's tip credit requirements, must be paid at least $4.65 per hour in direct wages.

In addition, employees must be paid their respective overtime rate (one and one-half times their hourly rate) for all hours worked over 40 weekly. In order to recover unpaid minimum and/or overtime wages, an employee may file suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. Therefore, employers should take the time to review the pay rate of hourly personnel as well as exemption classifications of job positions so as to ensure compliance with Florida's minimum wage law.

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