🇺🇸 Florida Overtime Laws — 2026 UPDATE

Overtime Laws in Florida 2026: Pay Rates, Exemptions & Tax Deduction (2026)

⚠️Informational only — not legal or tax advice.

This guide explains Florida overtime laws 2026

Last verified: February 26, 2026

Next scheduled review: May 25, 2026

overtime in Florida 2026

Table of Contents

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Florida Overtime Laws at a Glance (2026)

Details
Overtime threshold 40 hours per workweek
Overtime pay rate 1.5× regular rate of pay
Double time No
Daily overtime (general) No — weekly calculation only
Daily overtime (manual laborers) Florida Statutes § 448.01 provides "extra pay" after 10 hours per day for non-FLSA-covered, non-hourly manual laborers — see Section 7
State minimum wage (2026) $14.00/hour (eff. Sept. 30, 2025); rises to $15.00/hour on Sept. 30, 2026
Exempt salary threshold (2026) Federal: $684/week ($35,568/year) — Florida has no higher state threshold
State enforcement agency None — Florida has no state wage and hour division
Federal enforcement U.S. DOL Wage and Hour Division
Overtime tax deduction (federal) Up to $12,500/year (2025–2028) — FLSA-covered workers
Statute of limitations 2 years FLSA (3 years if willful); 4 years for state minimum wage claims (FMWA)

Governing law: Fair Labor Standards Act, 29 U.S.C. § 207; Florida Statutes § 448.01; Florida Minimum Wage Act, Fla. Stat. § 448.110
Last verified: February 26, 2026

Does Florida Have Its Own Overtime Law?

Florida does not have a separate state overtime statute that adds to or expands the federal Fair Labor Standards Act (FLSA). Overtime in Florida is governed primarily by the FLSA, which requires nonexempt employees to receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.

Florida Statutes § 448.01 does contain a historical provision establishing 10 hours as a “legal workday” for persons employed to perform manual labor. Under § 448.01(2), absent a written contract, such employees are entitled to extra pay for work over 10 hours per day. However, § 448.01(4) explicitly states that this provision does not apply to any employer subject to the federal Fair Labor Standards Act. Because the FLSA covers the overwhelming majority of Florida employers, § 448.01 has extremely limited practical application in modern workplaces. Courts have also noted significant ambiguity in the statute’s terms.

For employers and employees covered by the FLSA, the federal 40-hour weekly threshold is the operative standard.

Federal statute: Fair Labor Standards Act, 29 U.S.C. § 207 — https://www.dol.gov/agencies/whd/overtime
State statute: Florida Statutes § 448.01 — https://www.flsenate.gov/Laws/Statutes/2023/Chapter448/All

How Overtime Pay Is Calculated in Florida

What Is a “Workweek”?

Under the FLSA, a workweek is a fixed, regularly recurring period of 168 consecutive hours (seven consecutive 24-hour periods). A workweek does not have to start on Monday or align with a calendar week — the employer may designate any day and time as the start of the workweek.

Each workweek stands alone. An employer cannot average hours across two or more workweeks to avoid overtime. If an employee works 50 hours in one week and 30 in the next, overtime is owed for the first week regardless of the second.

Source: 29 C.F.R. § 778.104–778.105

Pay Rates

Under the FLSA, nonexempt employees in Florida earn overtime at the following rate:

Time-and-a-half (1.5× regular rate):

  • All hours worked over 40 in a workweek

There is no daily overtime trigger for most Florida employees, and no double time requirement under either state or federal law.

What Counts as the “Regular Rate of Pay”

The regular rate is not always the same as the hourly wage. Under the FLSA (29 C.F.R. § 778.108), the regular rate includes:

  • Base hourly rate or salary equivalent
  • Non-discretionary bonuses and incentive pay
  • Shift differentials
  • Commissions
  • Piece-rate earnings

The regular rate does not include:

  • Discretionary bonuses (e.g., holiday gifts)
  • Employer contributions to benefit plans
  • Vacation, holiday, or sick pay when no work is performed

Calculation Example

Example — Weekly overtime in Florida:

An employee earns $14.00/hour (Florida minimum wage as of Sept. 30, 2025) and works 48 hours in one workweek:

  • Regular pay: 40 hours × $14.00 = $560.00
  • Overtime pay: 8 hours × ($14.00 × 1.5) = 8 × $21.00 = $168.00
  • Total weekly gross pay: $728.00

If the same calculation applies using the $15.00/hour minimum wage effective Sept. 30, 2026:

  • Regular pay: 40 × $15.00 = $600.00
  • Overtime pay: 8 × $22.50 = $180.00
  • Total weekly gross pay: $780.00

Source: 29 C.F.R. § 778.108–778.122; Fla. Stat. § 448.110

For the current Florida minimum wage, see the Florida Minimum Wage page on RemoteLaws.com.

Who Is Exempt from Overtime in Florida?

Not all employees in Florida are entitled to overtime pay. Certain employees are classified as “exempt” under federal law.

Federal FLSA Exemption Requirements

To be exempt from overtime under the FLSA, an employee must meet all three criteria:

1. Salary basis test: Paid a predetermined, fixed salary each pay period (not hourly)

2. Salary level test: Earn at least $684 per week ($35,568 per year)

3. Duties test: Perform specific job duties in one of these categories:

Exemption Key duty requirement
Executive Manages enterprise or department; directs 2+ employees; authority to hire/fire
Administrative Office/non-manual work related to management or business operations; exercises independent judgment
Professional Work requiring advanced knowledge in science or learning (prolonged specialized study)
Computer employee Systems analysis, programming, software engineering — $684/week salary OR $27.63/hour
Outside sales Primary duty is making sales away from employer's place of business

Source: 29 C.F.R. Part 541

What Happened to the 2024 DOL Salary Threshold Increase?

In April 2024, the U.S. Department of Labor issued a final rule that would have raised the exempt salary threshold to $1,128 per week ($58,656/year) effective January 1, 2025.

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated that rule nationwide in Texas v. U.S. Department of Labor (No. 4:24-cv-00499).

The salary threshold remains $684/week ($35,568/year) as of 2026. Florida does not set its own higher threshold — the federal standard applies statewide.

Overtime Tax Deduction: "No Tax on Overtime" (2025–2028)

The One Big Beautiful Bill Act (Public Law 119-21), signed on July 4, 2025, created a new federal income tax deduction for qualified overtime compensation under Internal Revenue Code § 225. This deduction is available for tax years 2025 through 2028.

Who Is Eligible

  • Nonexempt employees covered by the Fair Labor Standards Act (29 U.S.C. § 207)
  • Must have a Social Security number valid for employment
  • Cannot use the Married Filing Separately filing status

Who is NOT eligible:

  • Exempt (salaried) employees who do not receive FLSA overtime
  • Independent contractors (1099 workers) who are not FLSA-covered
  • Employees receiving overtime only under employer policy or collective bargaining (if that overtime is not also required by the FLSA)

What Is Deductible

The deduction covers the premium portion of overtime pay — specifically the amount that exceeds the regular rate of pay.

Overtime type What is deductible Example ($14.00/hr regular rate)
Time-and-a-half (1.5×) The "half" — 1/3 of total OT pay $7.00/hr per OT hour ($21.00 − $14.00)

IRS shortcut for 2025: If you only know your total overtime pay and were paid time-and-a-half, divide the total overtime amount by 3.
Source: IRS Notice 2025-69

Deduction Limits
Filing status Maximum annual deduction Phase-out begins
Single $12,500 $150,000 MAGI
Married filing jointly $25,000 $300,000 MAGI
W-2 Reporting
Tax year Employer reporting requirement
2025 NOT required to separately report (transition year — IRS Notice 2025-62). May voluntarily report in W-2 Box 14 as "QUAL OT" or provide a separate statement.
2026 and later REQUIRED to separately report qualified overtime compensation. IRS draft W-2 indicates Box 12, Code TT (draft form, subject to finalization).

If an employer did not separately report overtime for 2025, the IRS allows employees to use “any reasonable method” to calculate the deductible amount, including:

  • One-third of total overtime pay (for time-and-a-half workers)
  • Payroll records or pay stubs showing overtime hours and rates
  • Employer statements or online portal information

What This Deduction Does NOT Do

  • Does NOT exempt overtime from Social Security (6.2%) or Medicare (1.45%) taxes
  • Does NOT apply to state income taxes
  • Does NOT change how much overtime pay an employee receives — it reduces taxable income when filing
  • Does NOT apply to overtime paid solely under employer policy that exceeds FLSA requirements

Source: IRS FAQs on Qualified Overtime Compensation Deduction; IRS Notice 2025-69; IRS Notice 2025-62; IRC § 225; P.L. 119-21, § 70202; Schedule 1-A (Form 1040)
Official IRS page: https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation

Florida Income Tax and Overtime — A Major Advantage

Florida does not impose a state personal income tax. Under Article I of the Florida Constitution, no personal income tax may be levied on individuals. Overtime wages earned in Florida are therefore subject to federal income tax only — not state income tax.

This means Florida workers are already in a favorable position: the new federal overtime deduction (up to $12,500/year) reduces the only income tax they owe, effectively making a substantial portion of their overtime compensation fully tax-free at both the federal and state levels for qualifying workers.

Cross-reference: For more on Florida’s no-income-tax structure, see the Florida Income Tax page on RemoteLaws.com.

Can an Employer Require Overtime in Florida?

Under the FLSA, there is no federal limit on the number of hours an employer can require an adult employee (age 16 and older) to work in a workweek, as long as the employee is properly compensated for all overtime hours.

An employer may discipline or terminate an employee for refusing to work overtime, unless a specific law, employment contract, or collective bargaining agreement provides otherwise.

Florida does not have additional mandatory overtime restrictions beyond the FLSA. Florida is an at-will employment state, meaning employers may require overtime and may discipline or terminate employees who refuse, absent a contractual or legal protection.

Florida also has no state limit on the number of overtime hours that can be required in a workweek for most adult employees.

Protections That Always Apply

Regardless of mandatory overtime policies, the following protections apply in Florida:

  • All overtime hours must be compensated at the applicable overtime rate (1.5× regular rate)
  • Employers cannot retaliate against employees who file wage complaints (29 U.S.C. § 215(a)(3))
  • Disability accommodation requests under the ADA may limit overtime requirements
  • Child labor laws restrict hours for employees under 18 (Florida Statutes § 450.021)

Source: 29 U.S.C. § 207; 29 U.S.C. § 215(a)(3); Fla. Stat. § 450.021
Florida child labor law: https://www.floridajobs.org/

Industry-Specific Overtime Rules in Florida

Manual Labor (Florida Statutes § 448.01)

Florida Statutes § 448.01 establishes a “legal workday” of 10 hours for persons employed to perform manual labor by the day, week, month, or year. Under § 448.01(2), absent a written contract, such workers are entitled to “extra pay” for work required by the employer in excess of 10 hours per day.

However, § 448.01(4) explicitly excludes this provision from applying to any employer covered by the federal Fair Labor Standards Act. Because FLSA enterprise coverage applies to most Florida employers (generally those with $500,000 or more in annual revenue, or engaged in interstate commerce), the § 448.01 daily threshold has extremely limited practical scope. A Florida appellate court further noted in Quaker Oats Co. v. Jewell (2002) that the statute does not apply to hourly employees and that the terms “manual labor” and “extra pay” are impermissibly vague.

In practice: for FLSA-covered workers, only the federal 40-hour weekly threshold governs overtime in Florida.

Source: Fla. Stat. § 448.01 — https://www.flsenate.gov/Laws/Statutes/2023/Chapter448/All

Healthcare (8-and-80 System)

Under 29 U.S.C. § 207(j), hospitals and residential care facilities may enter into an agreement with employees to use a 14-day work period instead of the standard 7-day workweek. Under this system, overtime is due after 8 hours per day OR 80 hours in the 14-day period, whichever calculation results in more overtime pay.

This option must be established by agreement between employer and employee before the work is performed and is voluntary for both parties.

Source: 29 U.S.C. § 207(j)

Retail and Commission Employees

Under 29 U.S.C. § 207(i), retail or service establishment employees paid substantially on commission may be exempt from overtime if:

  • The establishment qualifies as a retail or service establishment under the FLSA
  • The employee’s regular rate exceeds 1.5× the applicable minimum wage
  • More than half of the employee’s compensation for a representative period (not less than one month) represents commissions on goods or services

Source: 29 U.S.C. § 207(i)

Public Sector / Government Employees

Under 29 U.S.C. § 207(o), public-sector employers (state and local government agencies, including Florida counties, municipalities, and school districts) may offer compensatory time off at 1.5 hours per overtime hour instead of cash overtime pay, provided:

  • A prior agreement or understanding exists between the employer and employee (or union)
  • The comp time accrual cap is 240 hours for most public employees (or 480 hours for public safety, emergency response, and seasonal employees)
  • Employees must be permitted to use accrued comp time within a reasonable period upon request

Private-sector employers in Florida cannot offer comp time in lieu of overtime pay. Nonexempt private employees who work overtime hours must be compensated at 1.5× their regular rate in cash wages.

Source: 29 U.S.C. § 207(o)

Transportation (Motor Carrier Exemption)

Employees whose duties directly affect the safe operation of motor vehicles in interstate commerce may be exempt from FLSA overtime under the Motor Carrier Act exemption (29 U.S.C. § 213(b)(1); 49 U.S.C. § 31502). This applies to drivers, driver’s helpers, loaders, and mechanics for employers subject to the jurisdiction of the U.S. Department of Transportation.

Source: 29 U.S.C. § 213(b)(1); 49 U.S.C. § 31502

Agriculture

Under the FLSA, agricultural workers employed on small farms (those that did not use more than 500 “man-days” of agricultural labor in any calendar quarter of the preceding year) are exempt from overtime requirements. Larger agricultural operations may be subject to overtime requirements depending on coverage thresholds.

Source: 29 U.S.C. § 213(a)(6)

How to File an Overtime Wage Complaint in Florida

Florida does not have a state wage and hour division. Employees in Florida who believe they have not received proper overtime pay have two primary options:

Option 1: U.S. Department of Labor — Wage and Hour Division

The federal Wage and Hour Division (WHD) enforces FLSA overtime requirements nationwide, including in Florida.

Details
Agency U.S. Department of Labor, Wage and Hour Division
Online filing https://www.dol.gov/agencies/whd/contact/complaints
Phone 1-866-487-9243 (toll-free)
Services Free; all complaints are confidential
Deadline 2 years from violation (3 years if willful)

WHD has field offices in Florida. Upon filing, your complaint will be routed to the nearest office and a representative will contact you within approximately two business days.

Option 2: Private Lawsuit in Federal or State Court

Employees may file a lawsuit against their employer in federal or Florida state court under 29 U.S.C. § 216(b). Unlike claims filed with WHD, no prior notification to the employer is required before filing an FLSA overtime lawsuit. Potential remedies include:

  • Back wages owed (unpaid overtime)
  • Liquidated damages (an additional amount equal to the unpaid wages)
  • Reasonable attorney’s fees and court costs

Note on Florida minimum wage claims: For claims under the Florida Minimum Wage Act (Fla. Stat. § 448.110), Florida law requires the employee to first send written notice to the employer of the intent to file suit. The employer then has 15 calendar days to pay the amount due. Only after this notice period may the employee file in court. This pre-suit notice requirement applies to minimum wage claims under state law — it does not apply to FLSA overtime claims.

Statute of limitations:

  • FLSA overtime claims: 2 years (3 years for willful violations) — 29 U.S.C. § 255
  • Florida Minimum Wage Act claims: 4 years (5 years for willful violations) — Fla. Stat. § 448.110

Retaliation Protection

Under the FLSA (29 U.S.C. § 215(a)(3)), employers cannot retaliate against employees for:

  • Filing an overtime wage complaint
  • Participating in a DOL investigation
  • Testifying in proceedings related to overtime violations

Florida law also provides general anti-retaliation protections for employees who exercise their rights under the Florida Minimum Wage Act. Prohibited retaliation includes termination, reduction in hours, demotion, and harassment.

Source: U.S. DOL WHD — https://www.dol.gov/agencies/whd/contact/complaints; 29 U.S.C. § 216(b); 29 U.S.C. § 215(a)(3); Fla. Stat. § 448.110(6)

Penalties for Overtime Violations in Florida

Federal FLSA Penalties
Penalty type Amount
Back wages Full amount of unpaid overtime owed
Liquidated damages Equal to unpaid wages (effectively doubles total recovery)
Civil monetary penalty Up to $2,451 per violation for willful or repeated violations (adjusted annually)
Criminal prosecution Willful violations: fines up to $10,000; second offense may result in up to 6 months imprisonment

Source: 29 U.S.C. § 216

Florida-Specific Penalties

Florida does not have a separate overtime statute with independent penalties. However, under the Florida Minimum Wage Act (Fla. Stat. § 448.110), employers who intentionally fail to pay the required minimum wage are subject to:

  • A civil fine of $1,000 per violation, payable to the state
  • Recovery by the employee of unpaid wages plus an equal amount in liquidated damages
  • Attorney’s fees and court costs

For FLSA overtime violations (which are the operative claims for most Florida workers), the federal penalties under 29 U.S.C. § 216 govern.

Source: Fla. Stat. § 448.110; 29 U.S.C. § 216

Florida Overtime Law Updates (2025–2026)

Federal Changes Affecting Florida

  • July 4, 2025: One Big Beautiful Bill Act signed — created federal overtime tax deduction for tax years 2025–2028 (IRC § 225; P.L. 119-21)
  • November 15, 2024: DOL salary threshold rule vacated by federal court — exempt threshold remains $684/week ($35,568/year) nationwide, including Florida

Florida Minimum Wage Changes (Affecting Overtime Rates)

  • September 30, 2025: Florida minimum wage increased to $14.00/hour, raising the minimum overtime rate to $21.00/hour — Source: Florida Department of Commerce; https://floridajobs.org/
  • September 30, 2026: Florida minimum wage scheduled to increase to $15.00/hour, raising the minimum overtime rate to $22.50/hour, completing the phase-in under Amendment 2 (Art. X, § 24 of the Florida Constitution)
  • 2027 and beyond: After reaching $15.00/hour, the minimum wage will adjust annually for inflation

Last reviewed: February 26, 2026
Next scheduled review: May 26, 2026

Frequently Asked Questions About Overtime in Florida

Does Florida have overtime laws?

Florida does not have a separate state overtime statute. Overtime in Florida is governed by the federal Fair Labor Standards Act (FLSA), which requires nonexempt employees to receive overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek. Florida Statutes § 448.01 has a historical provision for manual laborers, but it does not apply to FLSA-covered employers.

What is the overtime rate in Florida in 2026?

The overtime rate in Florida is 1.5 times the employee’s regular rate of pay. Based on the current Florida minimum wage of $14.00/hour (effective Sept. 30, 2025), the minimum overtime rate is $21.00/hour. When the minimum wage increases to $15.00/hour on September 30, 2026, the minimum overtime rate will rise to $22.50/hour.

Does Florida require daily overtime?

No. For the vast majority of workers, overtime in Florida is calculated on a weekly basis only. Working more than 8 or 10 hours in a single day does not trigger overtime under the FLSA unless total weekly hours exceed 40. Florida Statutes § 448.01 references a 10-hour daily threshold for certain non-hourly manual laborers, but this provision explicitly does not apply to FLSA-covered employers.

Is mandatory overtime legal in Florida?

Yes. Under the FLSA and Florida law, employers may require adult employees to work overtime. Florida is an at-will employment state, and employees who refuse mandatory overtime may be disciplined or terminated absent a contract or collective bargaining agreement to the contrary. However, all overtime hours must be compensated at the applicable overtime rate.

Am I exempt from overtime in Florida?

Exemption depends on both salary level and job duties. Under the FLSA, employees must earn at least $684/week on a salary basis AND perform executive, administrative, professional, outside sales, or qualifying computer duties. Florida does not set a higher state salary threshold. Meeting only one of the three criteria (salary basis, salary level, duties) is not sufficient for exemption — all three must be satisfied.

Can salaried employees get overtime in Florida?

Yes. Being paid a salary does not automatically make an employee exempt from overtime. Salaried employees who earn less than $684/week, or who do not satisfy the applicable duties test, are nonexempt and entitled to overtime pay for hours over 40 in a workweek.

Is overtime taxed in Florida?

Overtime pay is subject to federal income tax. However, Florida has no state personal income tax, so overtime earnings are not subject to any state-level income tax. Additionally, under the One Big Beautiful Bill Act (2025–2028), FLSA-covered nonexempt employees may deduct up to $12,500 ($25,000 for joint filers) of the premium portion of overtime from federal taxable income. Overtime remains subject to Social Security and Medicare (FICA) taxes regardless of this deduction.

How do I calculate the overtime tax deduction?

For time-and-a-half pay, the deductible amount is one-third of total overtime pay. For example, if you earned $9,000 in total overtime at time-and-a-half, the qualified overtime compensation eligible for deduction is $3,000 (one-third of $9,000). The IRS confirms this calculation method in Notice 2025-69.

How do I file an overtime complaint in Florida?

Florida has no state wage and hour agency. File a complaint with the U.S. Department of Labor, Wage and Hour Division at https://www.dol.gov/agencies/whd/contact/complaints or by calling 1-866-487-9243. The FLSA statute of limitations is 2 years from the violation (3 years for willful violations). You may also file a private lawsuit in federal or state court under 29 U.S.C. § 216(b) without prior notice to your employer.

Can my employer fire me for refusing overtime in Florida?

In most cases, yes. Florida is an at-will employment state, and employers may discipline or terminate employees who refuse overtime, provided no contract, collective bargaining agreement, or law protects the employee in that situation. However, employers cannot retaliate against employees for filing an overtime complaint or participating in a wage investigation under 29 U.S.C. § 215(a)(3).

Can my employer give comp time instead of overtime pay in Florida?

Private-sector employers in Florida cannot offer compensatory time off in lieu of overtime pay. Nonexempt private employees who work overtime must be paid at 1.5× their regular rate in cash wages. Public-sector employers (government agencies) may offer comp time at 1.5 hours per overtime hour, up to 240 hours (480 hours for public safety and emergency response employees), under 29 U.S.C. § 207(o).

Does working on weekends or holidays count as overtime in Florida?

No. Under the FLSA, working on weekends or holidays does not automatically constitute overtime. Overtime depends solely on total hours worked in the workweek (a fixed 7-day period), regardless of which days those hours occurred. There is no Florida law requiring premium pay for weekend or holiday work unless the total weekly hours exceed 40.

What happens if my employer doesn’t pay overtime in Florida?

Employees may recover unpaid overtime wages plus liquidated damages in an equal amount, along with attorney’s fees and court costs, under 29 U.S.C. § 216(b). The FLSA statute of limitations is 2 years (3 years for willful violations). Intentional violations may also result in civil penalties of up to $2,451 per violation.

What is the statute of limitations for overtime claims in Florida?

Under the FLSA: 2 years from the date of the violation (3 years if the employer’s violation was willful). Under the Florida Minimum Wage Act (for minimum wage claims): 4 years (5 years for willful violations). For straight overtime claims in Florida, the FLSA 2/3-year period generally controls, as Florida has no separate overtime statute.

Does Florida have a state wage and hour agency?

No. Florida is one of the states without its own wage and hour enforcement agency. All overtime and wage enforcement in Florida is handled at the federal level by the U.S. Department of Labor, Wage and Hour Division. Employees may also file private lawsuits in federal or state court.

What is the minimum wage overtime rate in Florida in 2026?

From September 30, 2025 through September 29, 2026, the minimum overtime rate (based on the $14.00 minimum wage) is $21.00/hour. Starting September 30, 2026, when the minimum wage reaches $15.00/hour, the minimum overtime rate will be $22.50/hour.

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