As an employer in Florida, your legal obligations regarding the payment of overtime to your employees are governed by the Fair Labor Standards Act (FLSA) and the Florida Minimum Wage Act (FMWA).
Under the FLSA, non-exempt employees must be paid one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. The regular rate of pay includes all remuneration for employment, including hourly wages, salary, bonuses, commissions, and certain other payments.
The FMWA sets forth the minimum wage and overtime requirements for all employees in Florida. As of January 1, 2021, the minimum wage in Florida is $8.65 per hour, and the minimum wage for tipped employees is $5.63 per hour.
In addition, Florida law requires employers to keep accurate records of all hours worked and pay received by their employees. Employers are also required to provide written notice of their employees' rights under Florida's minimum wage law.
There are some exemptions to the overtime requirements of the FLSA, including exemptions for certain executive, administrative, professional, and outside sales employees. However, exemptions are narrowly construed and must meet specific criteria in order to be applied.
If you are unsure whether your employees qualify for an exemption from overtime requirements, it is recommended that you consult with an experienced employment law attorney who can review your specific situation and advise you of your legal obligations.
In summary, as an employer in Florida, you are required to pay your non-exempt employees one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. Additionally, you must comply with the minimum wage and record-keeping requirements of the FMWA. If you have any questions or concerns regarding your legal obligations, it is recommended that you seek legal advice from an experienced attorney.
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