Overtime Pay Law in Florida
Overtime Frequently Asked Questions (FAQs)
One of the primary practice areas at our law firm is Labor and Employment Law. In our representation of employees, we are frequently asked questions about overtime law in Florida. In an effort to provide as much useful information as possible, we have answered below some of the most common questions our clients ask.
- What Is Overtime Pay?
- Who is entitled to overtime?
- Are salaried employees entitled to overtime pay?
- Which employees are exempt from overtime pay?
- Are part time employees entitled to overtime pay?
- Is it overtime pay taxed?
- What is the overtime pay rate?
- Do I need to pay overtime for staff meeting held in the evening out of regular work hours?
Overtime is a fair days pay for a fair day work. An employee who works for more than forty hours a week is entitled to overtime compensation equal to one and a half times their regular rate of pay.
When Congress enacted the Fair Labor Standards Act in 1938, its goal was to provide minimum wage and maximum hour protections for workers. By establishing a floor for wages and a ceiling for hours worked without overtime compensation, lawmakers attempted “to compensate those who labored in excess of the maximum number of hours. To that end, the FLSA establishes that an employee who works for more than forty hours a week is entitled to overtime compensation equal to one and a half times his regular rate of pay.
Employees covered under the Fair Labor Standards Act and who are permitted to work are entitled to overtime. Congress intended an all-encompassing definition of the term “employee” that would include all workers not specifically excepted. Senator Black declared that its “definition of employee ... is the broadest definition that has ever been included in any one act....”
There are however exclusions and exemptions under the act. Not every employee is covered under the FLSA. To assess whether an employee is entitle to overtime a fact intensive analysis is required. The lawyers and staff at LaBar Adams are well versed in the relevant inquiries are happy to discuss your personal scenario with you. We NEVER represent employers. Instead, we want to offer consultations to any employee who feels they might have been denied lawful overtime compensation. For more information about overtime pay in Florida please visit our overtime pay page or contact the Labor & Employment lawyers at LaBar & Adams, P.A.
A salaried employee is not exempt from overtime pay simply because he or she receives a salary. How an employee is paid, i.e. salary, hourly, commission, may be one of the factors considered in determining if an employee is exempt from overtime pay, but this fact alone does not establish someone as exempt from overtime pay. More information on salaried employees and overtime pay...
Exemptions from overtime pay are narrowly construed. Any exemption to overtime pay is construed against the employer and in favor of the employee. As such, an employer bears the burden of proving an exemption applies, and must prove the applicability of an overtime exemption by clear and affirmative evidence. Exemptions are highly fact specific and require a knowledgeable overtime lawyer to evaluate. Exemptions include the Motor Carrier Act Exemption, the Administrative Exemption, the Executive Exemption, Outside Sales Exemption, and the Agricultural Exemption. Again, determination of whether am employee has been properly classified as “exempt” requires an experienced and knowledgeable overtime attorney.
All covered employees, part time, temporary, probationary, etc., are entitled to overtime pay for every hour worked over forty hours in a given workweek unless they are exempt.
Typically overtime pay is taxed.
An employee’s rate of pay is based on his “regular rate of pay.” Regular rate of pay is the keystone to calculating the overtime rate. No matter how an employee is paid- whether by the hour, by the piece, on a commission, or on a salary the employee’s compensation must be converted to an equivalent hourly rate from which the overtime rate can be calculated, because overtime is calculated by the hour at 1.5 times the hourly rate.
Time that is spent for the benefit of the employer, with the employer’s knowledge, and that is considered a principal activity of the employee is considered to be hours worked and are therefore compensable.
Orlando Overtime Attorney
If you believe that you have an overtime claim in Orlando or anywhere in Central Florida, contact the Orlando Overtime attorney Scott Adams to discuss your case as soon as possible. Our employment law attorney have helped hundreds of employees recover their unpaid overtime, unpaid minimum wage, and unpaid wages. Call us at 1-866-680-4LAW or fill out our online form located at the top of the page and one of our highly experienced orlando employment law attorney will contact you shortly. We respond to after-hours messages promptly. Evening or weekend appointments are available upon request. We respect your privacy and will keep all your information confidential.
- An Overtime and Minimum Wage Claim Survives a Party’s Death
- The Fair Labor Standards Act will Cover More Employees Commencing on December 1, 2016
- Employment Lawyers of LaBar & Adams have been named Class Counsel
- Am I Exempt from Overtime Pay and Minimum Wage Laws?
- Am I entitled to overtime even though I receive a salary?
- Employees are Entitled to Prompt Payment of Overtime Pay and Minimum Wage
- Can Salespersons Be Entitled To Overtime Pay And Minimum Wage?
- Who Can Be Responsible For an Employee's Unpaid Overtime Pay And Minimum Wage Pursuant To The FLSA?
- Are Employees Complaining About Not Receiving Overtime Pay Or Minimum Wage Protected From Retaliation?
- Are Independent Contractors Entitled to Overtime Pay and Minimum Wage?
- Are Employees That Are Paid By Straight Commission Entitled To Overtime Pay And Minimum Wage?
- Are Employees Entitled to Overtime Pay And Minimum Wage When Pay And Time Records Do Not Reflect The Hours Actually Worked?
- Are Salaried Employees Entitled To Overtime Pay And Minimum Wage?
- When Are Interns Entitled to Overtime Pay and Minimum Wage?
- Rectifying Substandard Wages and Oppressive Working Hours
- What Should Be Included in an Employee’s Regular Rate of Pay When Calculating Overtime Wages Owed?
- Am I Entitled to Overtime Pay in Florida?
- Are Tipped Employees in Florida Entitled to Minimum Wage?
- What is Overtime Pay
- Who Gets Overtime Pay in Florida?