"A fair day's wage for a fair day's work: it is as just a demand as governed men ever made of governing. It is the everlasting right of man." Thomas Carlyle, Scottish Author and Philosopher

"If a man or a woman puts in an honest day's work, they should be able to earn a living wage." Richard J. Codey, Politician

"It is but equity...that they who feed, clothe and lodge the whole body of the people, should have such a share of the produce of their own labor as to be themselves tolerably well fed, clothed and lodged." Adam Smith, The Wealth of Nations, 1776

"Wages are determined by the bitter struggle between capitalist and worker." Karl Marx, German political and economic philosopher

Florida Wage Laws

“Honest Wages for an Honest Day’s Work!”

General

The Fair Labor Standards Act (“FLSA” or Act) requires that most employees in the United States be paid at least the federal minimum wage (i.e., $7.25/hour) for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a workweek, except for those employer’s employees exempted under the Act.

Additionally, most states have their own minimum wage laws and rates. A few states in the southern part of the United States have no minimum wage rate. In either case, non-exempted employees are entitled to receive the greater of the federal or state minimum wage rate. Thus, in those states with no minimum wage requirement, covered employees are entitled to receive the federal minimum wage rate of $7.25/hour.


I. State Minimum Wage: $7.25/Hour

Employers generally must pay their employ­ees no less than the state’s minimum wage rate of $7.25 for all hours worked. The state minimum wage is adjusted annually for inflation, with the new rate taking effect on January 1 of each year.

Coverage: The terms “employer” and “employee” have the same meanings established in the federal FLSA and its implementing regulations. Florida law clarifies that only employees entitled to the minimum wage under the FLSA are covered by the state minimum wage law.

State law specifically incorporates into its provisions certain exemptions and employment under special certificates of learners, apprentices, messengers, students and disabled workers of the federal FLSA.

Tipped employees: Employers of qualifying tipped employees who are eligible for tip credits under the federal FLSA may credit tips received by employees toward the minimum wage rate, but only up to a prescribed amount in accordance with state law.

Overtime Pay

The FLSA generally requires that non-exempt employees working more than 40 hours a week be compen­sated at a rate of one-and-a half times their regular rate of pay for any time exceeding 40 hours in the workweek. An employer is not allowed to average an employee’s work hours during a workweek over a two or more week period. Overtime payments need not be made to exempt or non-covered workers; only to non-exempt, covered employees.

Employer and Employees cannot agree to waive overtime Pay. The FLSA overtime requirement may not be waived by agreement between the employer and an employee. Anytime, an employer requires or permits an employee to work overtime, they are than generally required to pay the employee additional pay for overtime work. Also, an announcement by your employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, will generally also not prevent your employer from owing you overtime pay if your employer had knowledge of you working overtime.


II. State Employer Exemptions: Executive, Administrative and Professional

  • Overtime: None
  • Minimum wage: Florida has a minimum wage exemption for qualifying executives, administrators and professionals.

Additionally, such employer exemptions exist and are available to some employers under the federal wage law (See “Employer Exemptions” located on the homepage under the “Employee Resource Center”).


III. Meal Break Requirements

Eligibility: Any minors age 17 or younger who work for four or more continuous hours are eligible for a meal break.

Duration: The meal break must be at least 30 minutes.

Exceptions: The requirement does not apply to: minors age 16 and 17 who have graduated from high school or received a high school equivalency diploma; minors who are within the compulsory school attendance age limit and hold a valid certificate of exemption issued by their school superintendent; minors enrolled in a public educa­tional institution who qualify on a hardship basis such as economic necessity or family emergency; minors in domestic service in private homes; minors employed by their parents; and pages in the Florida legislature.


IV. Rest Break Requirements

  • None


V. State Contact Information

Agency for Workforce Innovation

Caldwell Building, Suite 100

107 East Madison St.

Tallahassee, FL 32399-4120

Phone: (850) 245-7105

Fax: (850) 921-3223

E-mail: awi_comments@flaawi.com

Web site: http://www.floridajobs.org/


Fort Lauderdale Area Office

US Dept. of Labor

ESA Wage & Hour Division

Federal Building, Room 408

299 East Broward Blvd.

Ft. Lauderdale, FL 33301-1976

Phone: 1-866-4-USWAGE


Jacksonville District Office

US Dept. of Labor

ESA Wage & Hour Division

Charles E. Bennett Federal Building

400 West Bay Street, Room 956

Jacksonville, FL 32202

Phone: 1-866-4-USWAGE


Miami District Office

US Dept. of Labor

ESA Wage & Hour Division

Sunset Center

10300 Sunset Drive,  Room 255

Miami, FL 33173-3038

Phone: 1-866-4-USWA


Are you covered by the federal wage Law?

For starters, to determine if you maybe covered by the Fair Labor Standard Act, you are encouraged to take the three minute "Step 1: Wage Law Test" found on the upper right-hand side of this webpage.


Does your employer owe you wages?

To determine if your employer may owe you wages under the Fair Labor Standard Act, take the two minute "Step 2: Wage Owed Test" found on the upper right-hand side of this webpage.


Do you believe you have a wage and hour claim?

If you believe that your existing or former employer may have violated your legal rights as an employee by failing to pay you "honest wages for an honest day's work" please feel free to contact the law firm of JonesSatreWeimer for a free consultation (Need a lawyer?).