The Rules of Overtime in Florida
In Florida, the general rules regarding overtime pay apply. Florida state laws follow the federal framework for overtime compensation as defined in the Fair Labor Standards Act (FLSA). Under the FLSA, employees covered by the Act must be paid one-and-a-half times their regular hourly rate for every hour worked in excess of 40 hours in a single week. The time period over which overtime is calculated as well as the requirements for overtime eligibility and calculation are governed by the Act and implemented by the U.S. Department of Labor’s Wage and Hour Division. For most workers , the 40-hour workweek begins on Sunday and ends on Saturday.
Florida does not have its own state-specific laws regarding overtime. Employers in Florida are required to follow the laws put in place under the federal Fair Labor Standards Act (FLSA). The only exception concerns Florida’s farmworkers. Florida law requires employers to provide qualified farmworkers with at least 1 1/2 times their regular rates of pay for all hours worked in excess of 10 hours a day or 60 hours a week. In addition, agricultural employers must cover all costs that would typically be considered the responsibility of employees, such as: Florida follows federal regulations, meaning workers aren’t guaranteed overtime unless they qualify for it under the federal law. Because of this, people who work for the federal government or agencies of the District of Columbia are covered by the FLSA standards, regardless of whether they work in Florida or elsewhere.
Is Mandatory Overtime Allowed in Florida?
In short, mandatory overtime is legal in Florida. But you may be entitled to certain protections at work, depending on your job description, position, or the scope of the work you perform.
FLSA Federal law under the Fair Labor Standards Act ("FLSA") provides guidance when it comes to mandatory overtime and how an employer implements such a requirement. Under the FLSA, there is no law that specifically prohibits an employer from requiring an employee to work mandatory overtime. The statute itself simply requires an employer to pay employees time and a half for each hour over 40 that the employee works in a workweek.
However, the FLSA does contain conditions that affect an employee’s obligation to work mandatory overtime. Under the statute, employers are not legally required to:
If you do not fall into one of the four categories above, your employer can insist on mandatory overtime.
However, even if you do not fall into one of the above categories, the FLSA does not give an employer unrestricted freedom to impose mandatory overtime. Rather, an employer still must comply with applicable labor laws and statutes, including the Florida Minimum Wage Act, in cases in which such statutes apply. For example, an employer is not permitted to impose mandatory overtime if doing so would subject the employee to involuntary servitude in violation of the Florida Civil Rights Act and federal statutory and constitutional law.
Exempt vs. Non-Exempt Employees Employers understand that not all employees are treated equally when it comes to mandatory overtime. Some jobs are not entitled to time and a half for hours worked over 40, and so an employer can require employees in those positions to work mandatory overtime without having to pay any employee for overtime hours.
The FLSA uses the term "exempt" to refer to certain employees who are not entitled to overtime compensation under the law. These employees typically work in a managerial capacity and receive a higher salary than non-exempt employees. If you are an exempt employee, any hours outside the normal 40 over the course of a week do not "count" for purposes of accumulating overtime hours. Of course, just because an employer labels an employee as "exempt" does not mean it is right. Your employer may try to argue that you are an exempt employee, but whether you really are exempt may depend on several factors, including your underlying job duties and salary.
If you’re an exempt employee (or there is some other reason that your employer thinks you are not entitled to overtime), your employer can generally require you to work as many hours as they want—even if you don’t want to work that much and even if doing so substantially increases your workload.
Employers facing issues with mandatory overtime may try to change the work schedule or remove the requirement that employees work additional overtime hours. If you cannot reasonably accommodate your employer’s scheduling changes without suffering substantial financial hardship, you can refuse to work the new schedule. However, an employer cannot fire you for refusing to work the new schedule.
Overtime Eligibility and Employment Status Your ability to work overtime—and your employer’s obligation to pay it—also depends on your general employment eligibility to work in this country. If you are not in the country legally, you are not entitled under federal law to be paid for time that you work, including overtime. While an employer is not necessarily legally permitted to commit fraud on the federal government and ignore the rules, a foreign national working in the U.S. without permission is not generally entitled to be paid for her labor.
Exemptions & Exceptions to Overtime Laws
Several categories of employees may be exempt from the mandatory overtime requirements under Florida law. For instance, workers in managerial or supervisory positions are generally exempted assuming that employees with subordinates otherwise qualify for overtime pay. Particularly in the private sector, the Florida legislature has enumerated certain specific exceptions for particular role within particular industries. One notable exemption to Florida’s mandatory overtime rules for those working in the private sector involves the application of the Evenglow decision which applies to employees of private health care facilities. These health care facilities then can make determinations on a facility by facility basis as to whether their employees will work more than 10 days in an 84-hour period without receiving the overtime pay. The FLSA also contains exemptions from overtime for all employees employed in a bona fide administrative, executive, or professional capacity, or in the capacity of outside salesmen provided that certain criteria set forth within the federal regulations are met. Finally, the FLSA specifically exempts employees who spend the majority of their time working as transportation workers from the maximum hours and overtime pay provisions.
Employer Obligations & Employee Rights
In Florida, employees have certain rights under both federal and state laws when it comes to mandatory overtime. The Fair Labor Standards Act (FLSA), which applies at the federal level, requires payment for all hours worked over 40 in a given workweek unless an exemption applies. Exempt employees are those who are not entitled to overtime pay under federal or state laws. Categories of exempt employees include executive, administrative, professional, computer, outside sales persons, highly compensated, and other specialized positions.
Unlike many other states, Florida does not have a statutory right to refuse overtime. However, employees cannot be required to work more than 112 hours in a 14-day period for positions paid at least one-and-one-half times the minimum wage.
Employers are legally allowed to require employees to work overtime hours. While employers may not demote or terminate an employee for refusing to work overtime, there could be consequences for refusing to work overtime or failing to report to work on a normal workday without notice, including demotion, suspension and/or termination.
If an employee thinks that his/her employer has imposed mandatory overtime in violation of U.S. or Florida state law, he/she should look to his/her employer’s internal policies first. Internal policies and procedures may provide a mechanism for employees to object to mandatory overtime, such as a procedure for requesting an exemption from mandatory overtime. Such procedures may include filing a complaint with the Human Resources department, bringing the complaint to the supervisor’s attention, or seeking a waiver or exception from mandatory overtime by completing a form and having it processed through Human Resources.
Additionally, employees can file an internal grievance with their union (if applicable) or seek relief through the U.S. Department of Labor, the Florida Department of Economic Opportunity, the Equal Employment Opportunity Commission or a private employment law attorney. Federal and state resources that might be used in seeking remedial action against an employer for a violation of overtime laws are as follows:
Finally, the Rules and Regulations of the Florida Department of Labor appear to place emphasis on the first contact with the Division of Operations Management, where an employee may file an informal written complaint to obtain information about rights and responsibilities arising from the state’s wage laws.
A Guide to Refusing Mandatory Overtime
If Florida employers can legally require you to work overtime hours, what consequences should you expect if you refuse? While some penalties do exist for refusing overtime, they are relatively rare and largely depend on the employer’s policies and local regulations. The most common consequences of refusing mandatory overtime is the potential for discipline or even termination. However, it is important to note that termination in these circumstances is rarely considered retaliation, given that it occurs as a result of a refusal to work for someone’s lack of obedience, rather than out of a desire for revenge. If an employer individually disciplines each worker who refuses overtime, such conduct is likely to be a retaliatory act in which case, it should be reported to the administrative agencies. Before deciding to refuse any assignments, you should be aware of your employer’s policies regarding disciplinary actions for overtime disputes. Refusal to work mandatory overtime can also potentially place your job security in jeopardy. Employment in Florida is "at will," meaning employers can terminate you at any time for almost any reason, with or without notice . Because an employer may see refusal of overtime shifts as a breach of your employment contract, depending on your employment terms, your job could be at risk. Furthermore, if enough employees refuse overtime to disrupt normal operations, this can lead to a mass-termination event. Your employer might do this as a way to send a message to everyone on staff about the consequences of ignoring mandatory overtime. Some industries have a more difficult time than others when it comes to overtime disputes. Health care professionals, public safety officials and teachers often face disciplinary action due to their scheduling practices. Some discipline for refusing overtime has resulted in employee suspensions with or without pay. Workers cannot, however, be disciplined for refusing overtime based on a good-faith belief that working may cause injury or harm. Florida employees can refuse to work overtime. However, despite the state laws governing mandatory overtime, there are several cases in which refusing to comply can have its consequences.
Florida Overtime Laws Compared Throughout the Country
Florida’s overtime regulations largely follow the federal regulations, with a few key differences. Like federal law, Florida law requires covered non-exempt employees to receive time-and-a-half for all hours worked over 40 in a week. However, Florida law provides that an employer must pay overtime for every hour worked over 40 in a week, while the federal Fair Labor Standards Act includes a "workweek" provision which says that no employer can have two consecutive workweeks averaging 40 hours of work but still not pay overtime. This federal provision does not appear to be in Florida law. There is also no overtime exemption for any type of job in Florida. In other words, your employer cannot unilaterally designate you as exempt from overtime (i.e., salary) just because they think your job qualifies for an exemption, and thereby denying you of legally due overtime pay. Exemptions must be formally approved by the Florida Department of Labor.
Attorneys for Cases of Illegal Overtime
Mandatory Overtime may seem like an absolute fact of life for Florida’s healthcare workers and other employees in certain exempt industries or job positions, but it is not the Iron-Clad mandate that some employers would have you believe. There are numerous avenues through which it is possible to achieve relief from mandatory overtime whether it be through a letter to management, through a grievance process or via a potential lawsuit to insure that your rights under the law are protected.
If any employer reaction is received to such a communication and if any actual threat of termination occurs, it is very important for the employee to fully document such retaliation or threat. This is turn can assist with legal advice should litigation be required to enforce his or her legal rights and is critical to pursue and obtain compensation for retaliatory damages. As a practical matter , all of this comes at the expense of such employee being hemmed into working what is otherwise seen as an illegal schedule of extended hours.
Alternatively, where union representation is available to the employee, the union can aid in settling such a dispute or at the very least providing a buffer from management and/or union representation during litigation if necessary.
To be clear, if the employee is seeking legal advice it is better to do so sooner than later. All Florida employment law cases have statutes of limitation running. In some cases those statutes of limitation run as short as three or six months. This creates even more urgency to seek counsel prior to working what may otherwise be seen as an illegal schedule.