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Florida Overtime Laws

Florida follows federal FLSA overtime rules with a $14.00/hour minimum wage (effective Sep 30, 2025). Several Florida counties offer enhanced local protections with treble (3Γ—) damagesβ€”50% more than federal law. If you work in tourism, agriculture, healthcare, or other industries and aren't receiving overtime pay, you may be owed significant back wages.

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Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Florida vs. Federal Overtime Laws

πŸ”‘ Key Fact: Florida Follows Federal FLSA

Florida does not have separate state overtime laws. All overtime requirements follow the federal Fair Labor Standards Act (FLSA). This means Florida workers get the same overtime protections as workers in all 50 states: time-and-a-half pay for hours over 40 per week.

What's the Same

What's Different

  • Higher Minimum Wage: $14.00/hour (current) vs. $7.25 federal
  • Final Increase: $15.00/hour effective Sep 30, 2026
  • Tipped Minimum: $10.98/hour vs. $2.13 federal
  • Local Ordinances: Enhanced county protections available

Florida Minimum Wage Timeline

$14.00
Current Rate
Sept 30, 2025 - Sept 29, 2026
Tipped: $10.98/hour
$15.00
Final Increase
Effective Sept 30, 2026
Tipped: $11.98/hour

After 2026: Minimum wage will adjust annually for inflation using the CPI-W index per Amendment 2 (passed by Florida voters in 2020).

πŸ›οΈ Enhanced Local Wage Theft Protections in Florida Counties

Why Local Ordinances Matter

While Florida follows federal FLSA rules statewide, several counties have enacted their own wage theft ordinances that provide stronger protections and faster recovery than federal law alone.

Most notably, four major counties offer treble (3Γ—) damages compared to federal law's double (2Γ—) damagesβ€”that's 50% MORE in your pocket.

Example Recovery: If you're owed $10,000 in unpaid overtime:

  • Federal FLSA: $20,000 total (2Γ— damages)
  • Local Ordinance: $30,000 total (3Γ— damages)
  • Difference: $10,000 MORE with local ordinance!

🌴 Miami-Dade County (First in Florida)

πŸ’° Damages

TREBLE (3Γ—) back wages

50% more than federal FLSA

πŸ“Š Thresholds

Minimum: $60

Maximum: $15,000

βš–οΈ Process

Consumer Mediation Center

Faster than federal court

Major Cities: Miami, Miami Beach, Hialeah, Doral, Kendall, Coral Gables, Homestead, Aventura

⚠️ Note: No attorney fees awarded under Miami-Dade ordinance (unlike FLSA). However, the 50% higher damages often outweigh this limitation for claims under $15,000.

Ordinance: Miami-Dade County Code Chapter 22 (Enacted 2010) | Contact: Consumer Protection Division | SEO Keywords: Miami wage theft, Miami-Dade unpaid wages, Miami Beach overtime lawyer

πŸ–οΈ Broward County (Best of Both Worlds)

πŸ’° Damages

TREBLE (3Γ—) + Attorney Fees

Best recovery in Florida

πŸ“Š Threshold

Minimum: $60

No maximum limit

βš–οΈ Process

Professional Standards Section

Administrative hearing

Major Cities: Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral Springs, Pompano Beach

βœ… Advantage: Broward combines high damages (3Γ—) WITH attorney fee recoveryβ€”making it ideal for workers who need legal representation.

Ordinance: Broward County Code Chapter 20Β½ (Revised 2018) | Contact: Professional Standards Section (954) 357-6500 | SEO Keywords: Fort Lauderdale wage theft, Broward unpaid wages, Pembroke Pines overtime lawyer

βš“ Hillsborough County (Tampa Area)

πŸ’° Damages

TREBLE (3Γ—) back wages

Via mediation program

πŸ“Š Threshold

Minimum: $60

Mediation up to $5,000

βš–οΈ Process

Consumer Protection Services

13th Judicial Mediation

Major Cities: Tampa, Brandon, Plant City, Temple Terrace

πŸ“ž Contact: Hillsborough County Consumer Protection Services at (813) 635-8316 or wages@hcfl.gov for wage recovery assistance.

Ordinance: Hillsborough County Wage Recovery Ordinance (2015) | SEO Keywords: Tampa wage theft, Hillsborough unpaid wages, Tampa overtime lawyer, Brandon wage recovery

β˜€οΈ Pinellas County (St. Petersburg, Clearwater)

πŸ’° Damages

TREBLE (3Γ—) + Costs

Liquidated damages + attorney fees

πŸ“Š Timeline

File within: 1 year

From last work date

βš–οΈ Process

Office of Human Rights

Special Magistrate hearing

Major Cities: St. Petersburg, Clearwater, Largo, Pinellas Park, Dunedin, Safety Harbor

πŸ“ž Contact: Pinellas County Office of Human Rights at (727) 464-4880 for wage theft complaints. Hearings typically held third Monday of each month.

Ordinance: Pinellas County Code Chapter 70 Article IV (2016) | SEO Keywords: St. Petersburg wage theft, Clearwater unpaid wages, Pinellas overtime lawyer, St Pete wage recovery

Additional Counties with Wage Theft Ordinances

Alachua County

Major City: Gainesville

Ordinance confirmed, limited public details

Osceola County

Major Cities: Kissimmee, St. Cloud

Ordinance confirmed, limited public details

Note: Orlando/Orange County does NOT have a local wage theft ordinance.

🎯 Which Recovery Path Is Best for You?

βœ… Local County Ordinance May Be Better If:

  • You work in Miami-Dade, Broward, Hillsborough, or Pinellas County
  • Your unpaid wages are under $15,000 (Miami-Dade) or $5,000 (Hillsborough mediation)
  • You want faster resolution through administrative process
  • You prefer 3Γ— damages over 2Γ— federal damages

βš–οΈ Federal FLSA May Be Better If:

  • Your unpaid wages exceed local ordinance caps
  • You need attorney fees recovery (not available in Miami-Dade)
  • Your case involves complex misclassification or multi-state employers
  • You want to pursue a collective action with coworkers

We analyze both federal and local options during your free consultation to maximize your recovery.

Common Florida Overtime Violations

Salary Misclassification

Being paid a salary does not automatically make you exempt from overtime pay. You must meet specific salary AND duties tests.

Day Rate Violations

Common in oil & gas, construction, agriculture. Employers incorrectly believe day-rate workers are not entitled to overtime.

Off-the-Clock Work

Requiring work before clocking in, after clocking out, or during unpaid breaks without compensation.

Automatic Lunch Deductions

Deducting lunch breaks when employee worked through lunch or was interrupted. This is unpaid off-the-clock work.

Tip Pool Violations

Managers or supervisors participating in tip pools, or requiring tips to be shared with non-tipped employees like cooks or dishwashers.

Incorrect Regular Rate

Failing to include bonuses, commissions, or shift differentials in regular rate calculation for overtime pay.

Common Violations in Florida Industries

πŸ–οΈ Tourism & Hospitality

Florida's largest industry frequently violates overtime laws:

  • Miami Beach hotels: Housekeeping staff working off-the-clock
  • Orlando theme parks: Hospitality workers denied overtime pay
  • Tampa restaurants: Servers unpaid for side work and closing duties
  • Key West resorts: Automatic lunch deductions for missed breaks

Miami-Dade advantage: Hospitality workers can recover 3Γ— damages under local ordinance.

🌾 Agriculture

Farm and agricultural workers often denied overtime:

  • Day-rate workers: No overtime premium paid
  • Harvest season: 60-80 hour weeks without overtime
  • Piece-rate workers: Overtime denied or miscalculated
  • Florida citrus industry: Straight-time for all hours

πŸ₯ Healthcare

Medical facilities with chronic overtime violations:

  • Tampa hospitals: CNAs/LPNs can't take lunch, time deducted anyway
  • Home health aides: Travel time not paid
  • Orlando nursing homes: Mandatory overtime not paid at 1.5Γ—
  • Medical assistants: Misclassified as exempt

Hillsborough/Pinellas advantage: Healthcare workers can pursue treble damages through local programs.

πŸ›οΈ Retail

Retail managers and associates frequently misclassified:

  • Assistant managers: No actual authority but called "exempt"
  • Sales associates: Off-the-clock opening/closing duties
  • Inventory workers: Overnight shifts without overtime
  • Miami/Fort Lauderdale malls: 60+ hour weeks at straight time

πŸ—οΈ Construction

Construction workers commonly paid day rates without overtime:

  • Day-rate laborers: $150-300/day regardless of hours
  • Subcontractors: Misclassified as independent contractors
  • Residential builders: 50-60 hour weeks standard
  • Hurricane response: Emergency work at straight time

πŸ“¦ Logistics & Warehousing

Logistics workers and warehouse staff denied proper overtime:

  • Jacksonville JAXPORT: Dockworkers and logistics staff on day rates
  • Miami International Airport: Cargo handlers misclassified
  • Tampa Port: Shipping workers unpaid for mandatory overtime
  • Amazon warehouses: Off-the-clock security checks

Broward advantage: Best recovery option with 3Γ— damages PLUS attorney fees.

What You Can Recover in Florida

Under Federal FLSA Law

πŸ’° Unpaid Overtime Wages

All overtime pay you should have received at time-and-a-half rate for hours over 40 per week.

βš–οΈ Liquidated Damages (Double)

Equal to your unpaid wages (effectively doubles your recovery). This is mandatory under FLSA unless employer proves "good faith."

πŸ“‹ Attorney Fees & Costs

Paid separately by your employer under federal law. This is NOT taken from your recovery.

⏱️ Time Limits for Florida Claims

  • Federal FLSA: 2 years for unintentional violations, 3 years for willful violations
  • Miami-Dade ordinance: 12 months from last work date
  • Broward ordinance: 1 year from when wages were due
  • Hillsborough ordinance: Varies by process
  • Pinellas ordinance: 1 year from last work date

⚠️ Don't wait - you lose older claims as time passes!

Compare Your Recovery Options

If you're owed $10,000 in unpaid wages and work in a county with enhanced protections:

$20,000
Federal FLSA Only
(2Γ— damages)
$30,000
With Local Ordinance
(3Γ— damages)
$10,000
MORE MONEY
(50% increase)

Why Florida Cases Are Stronger

Florida offers unique wage protections through local ordinances and state law that can result in significantly higher recoveries than federal FLSA alone.

πŸ’°
3Γ— Damages (Treble)
Miami-Dade, Broward, Hillsborough, Pinellas offer 3Γ— vs 2Γ— federal (50% more)
πŸ“…
5-Year Lookback
4-5 year statute for minimum wage vs 2-3 years federal (67-150% more recovery)
πŸ›οΈ
Local Ordinances
4 major counties have enhanced wage theft protections beyond federal law
πŸ’΅
Higher Minimum Wage
$14-15/hour state minimum vs $7.25 federal (93-107% higher)
βš–οΈ
Strategic Filing
Choose federal or local ordinance based on your specific case for maximum recovery
🏨
Tourism Protections
Enhanced enforcement for hospitality workers in major metro areas

🌴 Florida's local ordinances can increase your recovery by 50%

We analyze federal vs local filing to maximize your damages

Why Choose a Florida-Licensed Attorney

Paul M. Botros is licensed in Florida and maintains an office in Plantation, FL. This means direct knowledge of Florida courts, Florida judges, and Florida-specific wage issuesβ€”including expertise in local county ordinances that provide enhanced protections.

πŸ›οΈ
Florida Bar
Licensed Attorney Since 2003
πŸ“
Plantation Office
Broward County
βš–οΈ
Federal + Local
FLSA & County Ordinances

Office Location: 8151 Peters Road Suite 4000, Plantation, FL 33324

Frequently Asked Questions

What are the penalties for wage theft in Florida?

While federal law offers double damages, specific counties like Miami-Dade, Broward, Hillsborough, and Pinellas offer Treble (3x) Damages.

What is the 2026 minimum wage in Florida?

The rate is $14.00/hour currently, increasing to $15.00/hour on September 30, 2026.

How far back can I claim unpaid overtime in Florida?

The Florida Minimum Wage Act allows for a 4-year lookback, which can extend to 5 years for willful violations.

Which Florida counties offer the highest recovery for wage theft?

Miami-Dade and Broward are prime locations because local ordinances allow for 3x the amount of unpaid wages.

Can I recover attorney fees in a Florida wage case?

Yes. Under federal FLSA and several local ordinances, the employer is required to pay your legal fees if you win your case.

Am I entitled to overtime if I earn a salary in Florida?

Yes, unless you meet the "Duties Test." Simply being salaried does not automatically make you exempt from overtime pay.

What is the tipped minimum wage in Florida for 2026?

Tipped employees must receive at least $10.98 per hour in direct cash wages.

What are common overtime violations in Florida's tourism industry?

Common issues include off-the-clock work for hotel staff and automatic lunch deductions when employees are not actually relieved of duty.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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