The rule
| Florida | |
|---|---|
| Weekly threshold | Over 40 hours worked in a workweek (a fixed, recurring 168-hour period) |
| Daily threshold | None. A long day is not overtime unless the week passes 40 hours |
| Rate | At least 1.5 times the employee's regular rate of pay for the hours over 40 |
| Who is covered | Nonexempt employees of covered employers under the federal FLSA |
| Common exemptions | Executive, administrative, professional, and outside sales employees who meet the federal duties and salary tests |
| Florida rule | Florida has no separate overtime statute for private employers. The federal rule is the rule. |
What the federal rule requires
The Fair Labor Standards Act (FLSA) requires covered, nonexempt employees to be paid at least time and a half their regular rate for every hour worked over 40 in a workweek. The workweek is a fixed, regularly recurring period of seven consecutive 24-hour days; it can start on any day, but it cannot move around to avoid overtime.
There is no daily overtime under federal law. Work on a weekend, holiday, or night shift is paid at the regular rate unless the week's hours go past 40. The FLSA also sets no limit on how many hours an employee 16 or older may work in a week.
The regular rate is not always the hourly wage. Nondiscretionary bonuses, shift differentials, and commissions are folded in before the 1.5 multiplier is applied, which is why a bonus paid in a week with overtime raises the overtime rate for that week.
What Florida law does and does not add
Florida's wage law, section 448.110 of the Florida Statutes, sets the state minimum wage and adjusts it each September 30. It limits eligibility to people entitled to the federal minimum wage under the FLSA, and it contains no overtime provisions. There is no state agency that enforces overtime in Florida; complaints go to the U.S. Department of Labor's Wage and Hour Division.
Where the Florida minimum wage is above the federal rate, the regular rate for a minimum-wage employee is the Florida rate, and the overtime rate is 1.5 times that.
Worked example: a 20-person landscaping crew
A crew member paid $17 an hour works four 10-hour days during a busy week and a 5-hour Friday: 45 hours in the workweek.
- The 10-hour days earn nothing extra on their own; Florida has no daily overtime.
- 40 hours at $17: $680. 5 hours at $25.50 (1.5 times $17): $127.50. Gross: $807.50.
- A rained-out week of 30 hours the following week does not offset it. Each workweek stands alone.
How to track it
The whole rule turns on each employee's weekly total, so the clock has to capture everything that counts as work: yard prep before the first job, drive time between sites, and short paid breaks. A crew that leaves the shop at 6:45 a.m. but clocks in at the first job at 7:30 a.m. is under-recording 45 minutes a day.
ClockOut's GPS time clock records the punch where and when it happens, totals hours by your workweek, and flags anyone projected to pass 40 before the week ends so the manager can rebalance Friday instead of paying for it Monday.
Florida overtime FAQ
Does Florida have daily overtime?
No. Florida follows the federal FLSA, which counts overtime by the workweek only. A 12-hour shift is paid at the regular rate unless the employee's total for that week goes past 40 hours.
Do paid holidays, PTO, or sick days count toward the 40 hours?
No. Only hours actually worked count toward the federal 40-hour threshold. An employee who works 36 hours and takes 8 hours of paid holiday has 44 paid hours but no overtime, unless your own policy promises otherwise.
Can I give comp time instead of paying overtime?
Not in the private sector. Comp time in place of overtime pay is available only to public agencies under the FLSA. A private employer can adjust hours within the same workweek to keep the total at or under 40, but once the week is over the overtime is owed in cash.
Can employees waive overtime or agree to a flat weekly pay?
No. Overtime cannot be waived by agreement, and an announcement that unapproved overtime will not be paid does not cancel the obligation. Employers can discipline for working unapproved hours, but the hours still get paid at the overtime rate.
Related pages
Sources, checked September 9, 2026
- Florida Statutes section 448.110: State minimum wage
- U.S. Department of Labor, Wage and Hour Division: Overtime pay
This is general information, not legal advice. Rules change; check the linked source.