Can Your Employer Require You to Work Overtime in Florida?

Full-time employees often are asked to work more than 40 hours per week. But is mandatory overtime legal? The answer to that question is not simple, but as a general rule, many employers do have the ability to demand mandatory overtime from their employees. And if you qualify for overtime pay, which many hourly workers do under federal and Florida wage and hour laws, you should get paid appropriately (typically, time and a half).

Depending on your field and situation, there may be certain limitations on mandatory overtime, which make your employer legally bound to honor those requirements. It is important to understand your particular employment parameters to ensure your rights are not being violated.

What You Need to Know About Florida Overtime Laws

To effectively navigate Florida’s overtime laws, it’s crucial to understand how federal guidelines under the Fair Labor Standards Act (FLSA) apply since the state does not impose its own specific overtime regulations. This section will lead to common questions about overtime pay laws in Florida.

Does Florida Have Mandatory Overtime Laws?

Across the country, certain states have enacted restrictions on mandatory overtime. However, Florida is not one of them. Even though there are Florida wage and hour laws in place, our state defers to the federal Fair Labor Standards Act (FLSA) when it comes to overtime and wage requirements.

This means that while Florida employers must pay eligible employees overtime at a rate of 1.5 times their regular pay for hours worked over 40 hours per week, there are no additional state-imposed restrictions on how much overtime an employer can require. So, effectively, an employer can require you to work overtime in Florida.

Can an Employer Make You Work Overtime Without Notice?

When work gets busy, or someone calls out, and an employer needs a replacement for a worker, it is common for people to get a call from the manager asking them to come in. Even if you have already worked your full 40-hour (or more) workweek, if you are a non-exempt employee, it is legal for your employer to require you to work another shift without any notice. Under federal law, there are no specific time parameters listed in regard to giving notice to employees to work overtime.

How Long Can a Company Make You Work Mandatory Overtime?

If you are not in a field that has inherent restrictions or have other signed contracts that limit mandatory overtime, an employer has the right under the FLSA to require you to work as many overtime hours as they want. It is not uncommon that employers will ask employees to work a total of 50-60 hours per week, but you should still get paid appropriately. Do you have unpaid overtime? We can help.

Who is Exempt from Overtime?

One of the main reasons that employees can be exempt from mandatory overtime is safety concerns. Particular examples of this include positions in healthcare, such as nurses. The rules are in effect to ensure they are not forced to work too many hours within the workweek and potentially put the people who are under their care at risk.

Another type of field that is regulated is over-the-road truck drivers. Due to public safety, these drivers who carry heavy loads need to be limited in the number of hours they are on the road.

Are you a member of a union? If you are unclear about the parameters of your contract in regards to mandatory overtime, check with your union representative or an employee rights lawyer in Florida.

Are you working under an employment contract? You may also have restrictions set up in the legal language of the documents. Being proactive about your rights as an employee is important because employers are always looking out for their own best interests. As employee rights attorneys, we are always looking out for you.

Can You Get Fired for Refusing to Work Overtime in Florida?

If you have legal protections with a union or other type of employment contract, you should not be fired for refusing to work overtime in Florida. If you have these protections and have been terminated, you should contact a wrongful termination lawyer right away.

Since Florida has an “at-will” doctrine, if you do not have protections under a union or employment contract, employers do have the right to fire you if you refuse to work overtime. But if you are fired due to an illegal reason, such as discrimination, there are serious legal consequences. Florida workers have many rights under the FLSA, Title VII, the ADA, ADEA, and other federal and state laws. You may be able to get your job back, get compensated for your lost pay, and qualify for other damages as well.

Are Salaried Employees Entitled to Overtime?

In Florida, salaried employees may be entitled to overtime pay if they meet certain criteria defined by the Fair Labor Standards Act (FLSA). Typically, salaried employees classified as “exempt” are not eligible for overtime, while “non-exempt” salaried employees are. The distinction usually depends on their job duties, salary level, and how they are paid. To determine eligibility, it’s essential to examine the specific nature of the work, the salary threshold, and other FLSA criteria.

Is There a Limit to Overtime Hours?

In Florida, there’s no specific state law limiting the amount of overtime an employee can be required to work as long as they are compensated properly according to federal guidelines. The Fair Labor Standards Act (FLSA) does not set an upper limit on the number of hours for workers 16 years and older, so employers may ask employees to work extensive overtime hours. However, certain industries or union contracts may have specific rules regarding maximum work hours.

How Do You Report Unpaid Overtime in Florida?

To report unpaid overtime in Florida more comprehensively:

1. Gather Documentation: Prepare all relevant employment documents, including pay stubs, hours worked, and any communications regarding your overtime work.
2. File a Complaint with the WHD: Access the U.S. Department of Labor’s Wage and Hour Division website to find the online complaint form or locate the nearest WHD office for in-person filing. Ensure you have all the necessary details about your employer and the unpaid overtime.
3. Legal Advice: For complex cases or additional protection, consulting with an employment law attorney can provide personalized advice and potentially other avenues for recovering unpaid wages, such as state court actions.

Remember, the FLSA offers protections against employer retaliation for workers who assert their rights under the FLSA.

Have You Been Wronged By Your Employer?

As dedicated employee rights lawyers, Wenzel Fenton Cabassa, P.A., leads as legal advocates for workers in multiple industries, and we fight for the rights of employees just like you every day. We have helped thousands of workers across the state with cases that hold their employers accountable for illegal actions.

From retail and hospitality workers to healthcare and IT professionals, hard-working employees are wronged by employers all the time, and we pursue justice to help you get the compensation you deserve so you can get your career back on track. We understand how stressful it can be financially and personally and are here to provide expert legal guidance.

If you have been required to work mandatory overtime, have you been appropriately compensated? Make sure to watch your paychecks closely and go back and check older ones, too. Remember, time-and-a-half, your regular hourly rate is the standard rate for all non-exempt employees. Employers are always looking at their bottom line, and might be avoiding paying you what you are due.

Have you been wronged by your employer in another way? We handle comprehensive areas of employment law and stand up to powerful employers who violate the

law. Our practice areas include but are not limited to Wrongful Termination, Hostile Work Environment, Family Medical Leave Act, Retaliation, Discrimination, Payment Disputes, EEOC Mediation, Government Investigations, and Fair Credit Reporting Act Violations.

Contact Wenzel Fenton Cabassa, P.A. today to set up a free, confidential consultation. We are experienced, dedicated employment attorneys who fight for the rights of workers across the state of Florida, with offices in Tampa, Orlando, Miami, West Palm Beach, St. Petersburg, Jacksonville, andSarasota.

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Wenzel Fenton Cabassa, P.A. has a 10.0 Avvo rating and was selected as one of the 2019 Top Law Firms in Employment Law by U.S. News & World Report.