Labor & Employment Law
Minimum Wage and Overtime
Florida’s minimum wage is higher than the federal rate, ensuring that employees in the state receive fair compensation for their work. As of September 2021, the minimum wage is $10.00 per hour, with planned annual increases leading to $15.00 per hour by 2026. Employers in Florida must comply with state law, as it provides greater protection than the federal minimum wage of $7.25 per hour. However, these protections apply only to employees, not independent contractors.
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay for all hours worked over 40 in a workweek. Certain employees are classified as “exempt” from overtime based on their salary level and job duties, with specific exemptions for administrative, executive, professional, computer, and outside sales roles. Proper classification is critical, as exempt employees are not eligible for overtime or, in some cases, even minimum wage protections.
When employers fail to pay the minimum wage or overtime, employees can recover damages, including back pay, liquidated damages (doubling the owed amount), and attorneys’ fees. The FLSA also protects employees from retaliation for seeking unpaid wages or cooperating in investigations. It is crucial to act promptly, as claims are subject to a statute of limitations, with a two-year deadline (three years for willful violations) for filing a lawsuit.
If you believe your employer has violated minimum wage or overtime laws, it is essential to seek legal advice to understand your rights and recover the compensation you are owed.
Minimum Wage and Overtime Frequently Asked Questions
As of September 2021, the Florida minimum wage is $10.00 per hour. The Florida minimum wage is expected to increase in increments to $15.00 per hour by 2026.
Federal and Florida law require employers to pay employees at least the state or federal minimum wage, whichever is greater. This applies to full-time and part-time employees, but not independent contractors. Since 2005, the minimum wage in Florida has steadily increased each year as determined by the Florida Department of Economic Opportunity. While there is a federal minimum wage of $7.25 per hour, because Florida’s minimum wage is higher, employers are required to follow Florida law.
The federal Fair Labor Standards Act of 1938 (FLSA) governs the payment of minimum wage and overtime compensation for employees. The FLSA provides that covered employers pay employees the minimum wage and overtime pay for all hours worked over 40 in a workweek, unless the employer claims an exemption from paying the minimum wage or overtime.
The FLSA recognizes five main exemptions and it is generally based on the employee’s job duties as well as how much and how the employer pays the employee. Employees subject to an exemption are often referred to as “exempt” employees. Hourly employees or those that do not fall into any exemption must be paid at least minimum wage and overtime pay for hours worked over 40 in a workweek and are called “non-exempt” employees.
Federal law exempts employees from overtime pay (and sometimes even the minimum wage) if the employee meets a two-part test:
- The employee is paid a salary of not less than $684 per workweek (or $35,568 annually); and
- The employee primarily performs specific job duties required by the exemption being claimed.
The FLSA provides for five main categories of exempt employees:
- Administrative
- Executive
- Professional
- Computer
- Outside sales
Each of these exemptions have specific primary job duties the employee must perform (in addition to their salary) to qualify for the exemption. Your job title alone does not control whether you are exempt—it is the job duties you actually perform. This is also true of job descriptions—these will not control if they are not duties that you perform in your job.
If you are properly classified as exempt, your employer is not required to pay you overtime (or sometimes even the minimum wage). Also, if your employer pays you hourly, then you are not exempt and you are entitled to overtime for all hours worked over 40 in a workweek.
When an employer owes an employee for overtime worked or unpaid minimum wages, the FLSA allows employees to recover:
- The overtime pay or minimum wages owed going back two years from when the case is filed in court (or going back three years if the employer’s violation is willful)
- An additional amount equal to the overtime pay or minimum wages owed if the employer acted willfully (these are often called “liquidated damages”)
- Reasonable attorneys’ fees and costs
In essence, you can recover twice the amount you are owed. As an example, if you are owed $5,000 in overtime pay, your damages are doubled to a total of $10,000, plus your reasonable attorneys’ fees and costs.
No. An employer may not discriminate or retaliate against an employee who complains about unpaid overtime wages or minimum wages to their employer or to the U.S. Department of Labor. The FLSA also prohibits employers from retaliating against an employee who participates in any DOL investigation about owed overtime or minimum wage.
Yes. Federal law requires you to file a lawsuit to recover your unpaid minimum wage and overtime pay within two years (or three years if the violation is willful). This means that once you file the lawsuit, you can recover back two years (or three years for willful violations) from the date you filed in court.
These deadlines are called the “statute of limitations.” Thus, if you have earned overtime beyond the two years from when the lawsuit is filed, you may be unable to collect those earnings.