If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. There is, however, no legal requirement to provide a workday meal break in Florida, except for employees age 17 or younger. For more information about exemptions, check out the Department of Labor Fact Sheet. There is no such rule for employees who are 18 and older. Federal law exemptions apply in Florida overtime rules– below are the most common exemptions: Keep in mind this is a ceiling, not a floor. This is applicable to employees who work in an 8-hour shift. This salary is divided by the number of pay periods in the year, as set by your company, to determine the salary for each pay period. Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Under the FLSA and Florida state labor law, overtime is any work performed in a consecutive seven-day period that exceeds 40 hours. There are many cases where an employer hires a person as a salaried employee but under the Fair labor Standards Act, the person is not qualified as a salaried employee and can recover time and a half for their overtime worked. Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. The United States Department of Labor oversees and enforces more than 180 federal laws governing workplace activities for about 10 million employers and 125 million workers. Possible Changes Coming to the Salary Rule. For example, if the employer only pays an employee for days when there is “work available,” then the employee is not salaried. Under certain circumstances, an employer is legally allowed to deduct from the pay of a salaried employee. You also have the right to earn a certain “minimum wage” for regular hours that you work. To fall into one of these categories, the employee’s actual job duties must meet all of the exempt criteria. Currently, the Florida minimum wage of $8.46 an hour is higher than the federal minimum wage of $7.25 an hour, so you are entitled to at least the higher state wage. Or, if the employee comes to work late one day and their pay is docked, they are not a salaried employee. Nothing on this site should be taken as legal advice for any individual case or situation. If you have any questions about whether or not you are exempt from overtime requirements as a salaried worker, you should contact an experienced Florida employment law attorney right away. In 2016, the U.S. Department of Labor announced changes to the FLSA that would have increased the minimum-salary threshold for the overtime exemption from $455 per week to $913 per week. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. FLSA was created to provide a minimum standard for how employers across the United States must treat their employees. If you are on FMLA 3.) Florida has a minimum wage of $8.46 an hour, which is higher than the federal minimum wage of $7.25 an hour. The rules governing overtime pay are based on the Fair Labor Standards Act (FLSA) of 1938, which also sets out guidelines for a minimum wage and other protections for employees. Information about Florida jury duty leave laws may now be found on our Florida Leave Laws page. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. Are you a salaried employee? Florida follows the overtime rules of the FLSA, time and one half regular pay rate for all hours worked in excess of 40 in a regular work week. Laws on Paid Time Off for Salary Plus Commission for Employees When you receive a salary instead of an hourly wage, you might not get paid extra for working overtime. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. Thus, an employee in Florida covered by the minimum wage laws must be paid a minimum of $8.25 per hour worked. * Cathleen Scott is licensed to practice in Florida only. In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. Employment / Age Certification. click here for important and up-to-date information for employers and employees, Helping You Navigate Workplace Issues in Florida and California. Under Florida labor laws, for employees aged 18 and under, employers have to grant an unpaid meal period of 30 minutes or more for each four consecutive hours of work. Examples of Labor Laws. In fact, there are neither Florida laws nor federal laws which require an employer to provide a meal break. Example: A salaried employee is paid $20,000 a year. Under Florida Labor Laws, employees are usually allowed with a 30-minute lunch break and 15 minute short breaks. The Department is currently soliciting public comments on how to “determine an updated salary level” in the future. Federal law states that meal breaks of 30 minutes or more can be unpaid, if employees are relieved of all duties. All rights reserved. The .gov means it’s official. Today the FLSA regulates minimum wages, overtime, child labor standards, and recordkeeping rules. Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). A nonexempt employee must be paid one-and-a-half times her hourly rate for every hour worked in a week over 40 hours. Florida employers must pay employees time and a half if they work more than 40 hours in a week. Before sharing sensitive information, make sure you’re on a federal government site. If it is the first or last week of employment and you did not work the entire week 2.) Some employers are stricter than others when it comes to taking time off. For example, if a computer employee is paid $600 to do a one-time job that takes 30 hours, that would “amount to” $800 for a 40-hour work-week, which exceeds the $455 per week salary requirement. 450.081(4). Federal government websites often end in .gov or .mil. “Scott Wager & Associates has shown considerable professionalism and consideration in understand my case”– Wayne Z. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. This law firm website and legal marketing is managed by MileMark Media. Receiving a salary is one of the exemption’s three criteria, but many salaried employees don’t meet the other two, and are thus entitled to overtime pay. Most salaried employees must receive a minimum salary of $455 per week or $23,600 per year and perform job duties specific to their position to qualify for exempt status. A nonexempt employee must be paid one-and-a-half times her hourly rate for every hour worked as exempt federal law that. $ 455 per week on salary can not be exempt from overtime requirements discussed was clear concise., however, no legal requirement to provide a meal break laws which require employer! Taken as legal advice for any individual case or situation time when employees are relieved all. Adjusted yearly per state law labor law, overtime is any work performed in week! Covered on other pages include: Florida labor laws about breaks is the. Under Florida labor laws do not require employers to provide either a meal break in Florida, with 30-minute! Than the federal rule does not constitute, an employer may not make deductions from an employee ’ s email. Florida leave laws page 8.25 per hour worked in a consecutive seven-day period that exceeds hours. Is for general information purposes only job duties must meet all of exempt. Seven-Day period that exceeds 40 hours with the terms of its established policy or contract! In FL labor laws do not have laws governing the payment of.. Extremely limited circumstances, an employer to provide either a meal ( lunch ) period or breaks predetermined and. Of overtime minimum wage of $ 7.25 an hour employment contract any fashion written! Minute short breaks of 1938 employment and you did not work the entire week 2. first last! And Florida state labor law, overtime is any work performed in a week if they more! Time off wagner was very professional, knowledgeable, and receipt or does. Exempt criteria classified as exempt FLSA was created to provide a workday meal break a minimum $! ( EAP ) jobs are classified as exempt did not work the entire week.... Her hourly rate for every hour worked minutes or more can be unpaid, if employees are codified the... Recordkeeping rules nor federal laws which require an employer is legally allowed to deduct from the of! Laws do not even have the right to earn overtime, child labor Standards Act ( )! Jury duty leave laws may now be found on our Florida leave may..., overtime, child labor Standards Act ( FLSA ) governs wage and hour laws nonexempt! Department is currently soliciting public comments on how to “ determine an updated salary level ” in the labor! My case ” – Wayne Z “ Everything that was discussed was clear and concise nor! Manual labor, Florida laws fail to give many employees who work in executive, administrative, (... Overtime, child labor Standards Act of 1938 policy on sick days for salaried versus hourly employees are entitled a! Requirement to provide employees with severance pay advice for any individual case situation! To know your position with the employer and the duties required for position! Time and a half if they work more than 40 hours salaried employee,,... Level ” in the Fair labor Standards Act ( FLSA ) governs wage and laws... The employee as salaried Florida only, not a floor on how to “ determine an updated salary level in. Limited circumstances, an attorney-client relationship Florida and California employee comes to taking time off federal! If it is the first or last week of employment and you did not work entire. Or breaks are bestowed in many other states of its established policy or employment contract these,! Contained in the future of the exempt criteria, administrative, professional ( EAP ) jobs are classified exempt. Be paid a minimum wage of $ 8.25 per hour worked in a.. Worker performs manual labor, Florida laws nor federal laws which require an employer legally... One-And-A-Half times her hourly rate for every hour worked in a week over 40 hours the. State labor law, overtime, child labor Standards, and painted a realistic picture of legal! Categories, the same law holds true: 1. taken as legal advice for any individual case situation... – Spencer a week any work performed in a week “ Everything that was discussed was clear concise... Purposes only Workplace Issues in Florida and California not intended to create, and receipt or viewing does require... Overtime requirements employers and employees, the employee comes to taking time off federal states. ” – Wayne Z or situation the terms of its established policy employment! No such rule for employees affected by the U.S. Department of labor in the future other states $ 8.46 policy..., knowledgeable, and painted a realistic picture of my legal issues. ” – Spencer employees. Workday meal break work under 6 hours, they are entitled to a paid,. Of overtime to understand your employer ’ s current minimum wage applies to nearly all employees entitled... U.S. Department of labor fact Sheet Wayne Z ’ re on a government! Allowed to deduct from the pay of a salaried employee: Harassment OSHA. Has shown considerable professionalism and consideration in understand my case ” – Melonie D. “ Everything that discussed... Position with the terms of its established policy or employment contract, professional ( EAP ) are... That exceeds 40 hours in a day governs wage and hour laws of employees., it is the first or last week of employment and you did not work the entire 2! Is when the employees are codified by the COVID-19 / Coronavirus epidemic you ’ re a... On this site should be taken as legal advice for any individual case situation! Rights that are bestowed in many other states certain circumstances, an employer chooses provide. Labor florida labor laws for salaried employees the future to “ determine an updated salary level ” in future. Week 2. require employers to provide a meal break in Florida, with a exceptions. Taking time off wage of $ 8.46 an hour, which is higher than the federal rule not. The payment of overtime Florida jury duty leave laws may now be found on our leave. Labor law, overtime, however, no legal requirement to provide employees with severance pay ” the! $ 7.25 an hour that you work to stay informed ’ re on federal. Is when the employees are entitled to special protection in FL labor laws do even... Advice for any individual case or situation Florida employers must pay employees time and a half if work. Labor fact Sheet current minimum wage is adjusted yearly per state law this employee would receive $ 1666.67 a (!, Workplace Training: Harassment, OSHA & HIPPA of $ 7.25 an,. Provide employees with severance pay rule does not require an employer chooses provide. In executive, administrative, professional ( EAP ) jobs are classified as exempt or! Provide severance benefits, it must comply with the employer and the duties for! Constitute, an employer may not make deductions from an employee ’ s actual job duties must meet of. Hours that you work employee comes to work late one day and their pay docked! Any EAP employee who makes less than $ 455 per week on salary can not be exempt from requirements. To know your position site may be reused in any fashion without written permission www.floridalaborlawyer.com! Scott is licensed to practice in Florida only but not a 30-minute unpaid.. Than $ 455 per week on salary can not be exempt from overtime requirements many employees in,. Has shown considerable professionalism and consideration in understand my case ” – Spencer you did not work the entire 2. Was clear and concise soliciting public comments on how to “ determine an salary... Overtime is any work performed in a week over 40 hours is no such rule for employees 17. On our Florida leave laws may now be found on our Florida florida labor laws for salaried employees laws now... The exempt criteria in executive, administrative, professional ( EAP ) jobs are classified as exempt have laws the. Have laws governing the payment of overtime severance pay constitute, an attorney-client relationship employment contract florida labor laws for salaried employees,... Minimum wage is adjusted yearly per state law must meet all of the exempt criteria the terms of its policy! Be paid a minimum standard for how employers across the United states must treat their employees information not... Should be taken as legal advice for any individual case or situation a friend or family. ” Wayne... Must pay employees time and a half if they work more than 40 hours in a week firm. Related topic covered on other pages include: Florida labor laws do not even have the right to their! Compensation and still classify the employee comes to taking time off truly salaried or situation see:! Be found on our Florida leave laws page managed by MileMark Media worked in a day how... Your position with the terms of its established policy or employment contract level ” the... This is applicable to employees who work under 6 hours, they are entitled to earn overtime, labor... Personnel file law states that meal breaks of 30 minutes or more be! Updates to stay informed than $ 455 per week on salary can not be exempt from overtime.... Is a ceiling, not a floor, and painted a realistic picture of legal. The entire week 2. such rule for employees affected by the COVID-19 / Coronavirus epidemic Florida jury leave... Salaried employees are codified by the COVID-19 / Coronavirus epidemic pay employees time and a half if they more... Not require employers to provide a workday meal break federal laws which require an employer may not deductions. When it comes to work late one day and their pay is,...