Employees have very specific rights, some of which have to do with the pay they receive. In the United States, a standard workweek is 40 hours. Generally speaking, anything over that time is considered overtime and must be paid accordingly for any non-exempt employees.
In Florida, overtime pay is handled based on the rules in the Fair Labor Standards Act, which is a federal law. There aren’t any additional state protections. Anyone who works in Florida should ensure they understand the basics of overtime pay accordingly.
Only non-exempt workers are entitled to receive overtime
Employees are classified as exempt or non-exempt when it comes to overtime pay. With few exceptions, all non-exempt workers must receive this pay when they work overtime but exempt employees aren’t generally entitled to this opportunity.
Most workers are non-exempt, and only those that meet very strict federal standards related to specific job duties and minimum salary requirements are considered exempt. Executives, professionals, and outside sales are three categories that commonly have exempt employees.
Employers may tell employees they are exempt from overtime payments, but that’s not generally the case unless those federal standards are met. Employees can’t waive their right to overtime pay. Additionally, private sector employers can’t lawfully offer comp time instead of paying for overtime.
Increased overtime pay
When applicable, any time worked beyond 40 hours in a standard workweek must be paid at 1.5 times the employee’s normal hourly rate. Sometimes, even if someone is a salary employee, an hourly rate must be determined for the purpose of overtime pay. If an employee earns commissions or non-discretionary bonuses, those must be factored into an overtime payrate.
Any employee who has worked more than 40 hours during a standard workweek should see the overtime reflected in their pay. If that doesn’t happen, they may opt to pursue a legal claim against their employer. This can be challenging, so consulting with a skilled legal professional to assist may be beneficial.