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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 (3×) damages—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.

⚠️ Don't Wait - Time Limits Apply to Wage Claims
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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

🔑 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).

🏛️ 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 (3×) damages compared to federal law's double (2×) damages—that's 50% MORE in your pocket.

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

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

🌴 Miami-Dade County (First in Florida)

💰 Damages

TREBLE (3×) back wages

50% more than federal FLSA

📊 Thresholds

Minimum: $60

Maximum: $15,000

⚖️ 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

🏖️ Broward County (Best of Both Worlds)

💰 Damages

TREBLE (3×) + Attorney Fees

Best recovery in Florida

📊 Threshold

Minimum: $60

No maximum limit

⚖️ Process

Professional Standards Section

Administrative hearing

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

✅ Advantage: Broward combines high damages (3×) WITH attorney fee recovery—making it ideal for workers who need legal representation.

Ordinance: Broward County Code Chapter 20½ (Revised 2018) | Contact: Professional Standards Section (954) 357-6500 | SEO Keywords: Fort Lauderdale wage theft, Broward unpaid wages, Pembroke Pines overtime lawyer

⚓ Hillsborough County (Tampa Area)

💰 Damages

TREBLE (3×) back wages

Via mediation program

📊 Threshold

Minimum: $60

Mediation up to $5,000

⚖️ Process

Consumer Protection Services

13th Judicial Mediation

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

📞 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

☀️ Pinellas County (St. Petersburg, Clearwater)

💰 Damages

TREBLE (3×) + Costs

Liquidated damages + attorney fees

📊 Timeline

File within: 1 year

From last work date

⚖️ Process

Office of Human Rights

Special Magistrate hearing

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

📞 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?

✅ 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 3× damages over 2× federal damages

⚖️ 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

🏖️ 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 3× 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

🏥 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 1.5×
  • Medical assistants: Misclassified as exempt

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

🛍️ 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

🏗️ 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

📦 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 3× damages PLUS attorney fees.

What You Can Recover in Florida

Under Federal FLSA Law

💰 Unpaid Overtime Wages

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

⚖️ Liquidated Damages (Double)

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

📋 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
(2× damages)
$30,000
With Local Ordinance
(3× 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.

💰
3× Damages (Treble)
Miami-Dade, Broward, Hillsborough, Pinellas offer 3× vs 2× federal (50% more)
📅
5-Year Lookback
4-5 year statute for minimum wage vs 2-3 years federal (67-150% more recovery)
🏛️
Local Ordinances
4 major counties have enhanced wage theft protections beyond federal law
💵
Higher Minimum Wage
$14-15/hour state minimum vs $7.25 federal (93-107% higher)
⚖️
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 issues—including expertise in local county ordinances that provide enhanced protections.

🏛️
Florida Bar
Licensed Attorney Since 2003
📍
Plantation Office
Broward County
⚖️
Federal + Local
FLSA & County Ordinances

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

Frequently Asked Questions

What are Florida's overtime laws in 2026?

Florida follows the federal Fair Labor Standards Act (FLSA). You must be paid time-and-a-half (1.5x your regular rate) for every hour worked over 40 in a workweek. Florida's current minimum wage is $14.00/hour, increasing to $15.00/hour on September 30, 2026. Unlike California or Colorado, Florida does not require daily overtime — only weekly.

Is mandatory overtime legal in Florida?

Yes, mandatory overtime is legal in Florida. Your employer can require you to work more than 40 hours per week. However, they must pay you at the overtime rate (1.5x) for every hour over 40. If they're making you work mandatory overtime but not paying the overtime premium, that is a violation of federal law and you may be entitled to back pay plus damages.

What are the Florida overtime pay rules for 2026?

For 2026, Florida overtime is calculated at 1.5 times your regular rate of pay for hours over 40 per week. With the current $14.00/hr minimum wage, the minimum overtime rate is $21.00/hr. After September 30, 2026, when the minimum wage rises to $15.00/hr, the minimum overtime rate will be $22.50/hr. Bonuses, commissions, and shift differentials must be included in your regular rate calculation.

How is overtime calculated in Florida?

Overtime in Florida is calculated on a workweek basis (any fixed 168 consecutive hours). All hours over 40 in that workweek must be paid at 1.5x your regular rate. Your regular rate includes your hourly pay plus any non-discretionary bonuses, commissions, or shift premiums divided across the week. Employers cannot average hours across two weeks to avoid overtime.

What are the penalties for wage theft in Florida?

Under federal FLSA, you can recover double (2x) your unpaid wages as liquidated damages. But if you work in Miami-Dade, Broward, Hillsborough, or Pinellas County, local wage theft ordinances offer treble (3x) damages — that's 50% more than federal law. Plus attorney fees and costs paid separately by your employer.

How far back can I claim unpaid overtime in Florida?

Under federal FLSA: 2 years for standard violations, 3 years for willful violations. Under the Florida Minimum Wage Act: 4-5 years. Local county ordinances typically have a 1-year lookback. The clock is always running — you lose older claims as each day passes, so don't wait.

Which Florida counties offer the highest recovery for wage theft?

Broward County offers the best combination: treble (3x) damages PLUS attorney fees with no maximum cap. Miami-Dade offers 3x damages but caps at $15,000 and doesn't award attorney fees. Hillsborough and Pinellas also offer 3x damages. We analyze both federal and local options to maximize your recovery.

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

Yes, unless you meet both the salary threshold AND the duties test. As of 2026, you must earn at least $58,656/year ($1,128/week) AND perform primarily executive, administrative, or professional duties. Many "assistant managers" and "supervisors" are incorrectly classified as exempt — if your actual job is mostly the same work as hourly employees, you may be owed overtime regardless of your title.

What is the tipped minimum wage in Florida for 2026?

Florida tipped employees must receive at least $10.98/hour in direct cash wages (the tip credit is $3.02). If tips plus cash wages don't equal $14.00/hr, the employer must make up the difference. After September 30, 2026, the tipped minimum rises to $11.98/hr.

Can I recover attorney fees in a Florida wage case?

Yes. Under federal FLSA and Broward, Hillsborough, and Pinellas county ordinances, your employer is required to pay your legal fees if you win. This means attorney fees come out of the employer's pocket, not your recovery. Note: Miami-Dade's ordinance does not include attorney fee recovery, which is one reason we may recommend the federal route for Miami-Dade cases.

How much is overtime pay in Florida?

Overtime pay in Florida is 1.5 times your regular hourly rate. At the current $14.00/hr minimum wage, that's $21.00/hr for overtime. If you earn $20/hr, your overtime rate is $30/hr. If you're salaried, your regular rate is calculated by dividing your weekly salary by the number of hours the salary is intended to cover.

Is it illegal to not pay overtime in Florida?

Yes. If you are a non-exempt employee working more than 40 hours per week, your employer must pay overtime under federal law. Failing to do so violates the FLSA and entitles you to back pay, liquidated damages (potentially doubling or tripling your recovery), and attorney fees. This applies whether you're paid hourly, salary, day rate, or piece rate.

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