We work hard for our money, and we expect to be paid for that effort. When we put in the extra work needed to get the task completed by working overtime, we plan on earning overtime pay for those added hours.
Here in the Sunshine State, Floridian law mandates that all non-exempt employees must be paid time-and-a-half their regular hourly wage. As such, an employee earning the Florida minimum wage of $8.56 would earn $12.84 for any hours worked past their contractually obligated 40-hour workweek.
As with any rules, however, there are always exceptions, and for many workers in the Sunshine State, overtime pay rules do not apply to their paycheck and that has them asking, “What are the overtime exemption rules in Florida?”
Deference to Federal Labor Statutes
When it comes to paying overtime to Florida workers, the state mirrors and defers to federal laws and regulations.
As such, as mentioned, any non-exempt employees must be paid time-and-a-half their regular hourly wage for hours worked past their 40-hour workweek in a seven-day period. In the same manner that the state follows federal mandates regarding who gets overtime pay, state leaders in Tallahassee have copied the national government’s list of most common exemptions to the overtime pay rules in Florida.
These four broad categories of employment include professional, computer employees, Executives, and administrative employees.
The Misnomer of the ‘Salaried Employee’
An important misnomer that must be addressed to better understand your rights considering your payment of overtime is the commonly held belief that if a worker is salaried that they are therefore ineligible for additional compensation should they work beyond a 40-hour workweek.
This is not exactly true, and the distinction is important as it relates to how employees are evaluated for overtime pay amongst the four broad categories listed above.
Simply stated, however, employees compensated on a salary, but earn less than $455 are eligible for overtime compensation. To arrive at the amount of additional compensation, the employee’s salary is divided by 40, which gives an hourly rate that can be multiplied by 1.5 for overtime compensation.
Professional and Executive Employees
Employees filling professional and executive functions roles in a given company are exempt from overtime pay requirements assuming they meet a battery of requirements including the demand that they make more than $455 a week.
Primarily, the employee’s duties must require advanced knowledge and skillsets that demand the exercise of the consistent use of discretion and judgment based on that knowledge. Moreover, the knowledge is assumed to be gleaned through a prolonged course of professionalized instruction.
Executive functions are seen as employees who direct the work of departments and sub-departments with at least two full-time employees answering directly to the executive. Further, that executive must also have hiring and firing authority in the organization, as well as a say in the advancement and promotion of underlings.
Computer and Administrative Employments
The next two categories of workers include computer and administrative experts that are exempt from the regulations governing overtime pay in the Sunshine State.
Qualification for the computer employee exemption must meet a number of hurdles, and like the example above, if salaried they must make more than $455 a week, or more than $27.63 an hour. This position is recognized as a computer system analyst, software engineer, or computer programmer. These professionals are expected to be in a decision-making position and involved in the design, documentation, testing, creation, or modification of computer hardware or software.
To qualify for an administrative position exemption, the employee should not make less than $455 a week, and whose primary duties must include non-manual work that must directly relate to the operation of the business. Typical examples of administrative work that meets exemption requirements include such positions as:
- Accounting
- Labor relations
- Quality control
- Personal management
- Human resources
When it comes to administrative work compensation, many employers make the mistake of assuming that personal assistants, secretaries, and general office workers fall under the rubric of exempted worker status. The reality is, however, only some administrative workers car exempt from the benefits of obtaining paid overtime wages.
The rules regarding overtime pay can be convoluted but speaking with a labor specialist attorney can yield the answers that you are looking for to see whether or not you might have a claim against your employer.
Contact Overtime Pay Lawyer Mitch Feldman
If you find yourself being treated unfairly by your employer when it comes to getting the overtime pay that you have worked, you need to contact overtime pay lawyer Mitch Feldman. Our Tampa Bay law office here at Feldman Legal Group has vast experience in the representation of workers with overtime pay disputes.
Additionally, licensed to practice in both Florida and Georgia, we offer an array of experience representing employees for a broad spectrum of labor and employment issues under state laws and the Federal Fair Labor Standards Act.
If you have questions regarding your eligibility for receiving overtime pay in Florida or Georgia, call our offices today at Feldman Legal Group.
