Overtime rules are one of the most commonly misunderstood parts of payroll compliance, not because the math is hard, but because employers assume there's a Florida-specific rule sitting on top of the federal one. There isn't. In Florida, every overtime obligation traces back to a single federal law: the Fair Labor Standards Act (FLSA).
That makes the FLSA worth understanding on its own terms, especially as Florida's minimum wage completes its final scheduled increase this year.
No state overtime law means one rulebook, not two
Some states layer their own overtime rules on top of the federal FLSA: daily overtime triggers, different multipliers, lower exempt thresholds. Florida isn't one of them. Florida employers operate under the FLSA alone, which simplifies compliance in one respect: there's only one rulebook to track, not two that sometimes conflict.
The core rule is simple to state and easy to get wrong in practice: non-exempt employees are owed overtime pay of at least 1.5 times their regular rate for every hour worked over 40 in a single workweek. There's no daily overtime trigger: working a 12-hour day doesn't itself create overtime pay if the total for the week stays at or under 40 hours.
The exempt salary threshold, and why it's not the whole test
For 2026, the federal exempt salary threshold remains $684 per week ($35,568 per year). An employee paid less than that amount is entitled to overtime pay regardless of their job title, responsibilities, or how the position is described internally.
Paying someone above $35,568 a year doesn't automatically make them exempt from overtime. The employee also has to satisfy a duties test: their actual job responsibilities have to fall within one of the FLSA's recognized exemption categories (executive, administrative, professional, and a few others). A high salary with duties that don't match an exemption category still leaves the employee entitled to overtime.
Check the salary level
Confirm the employee earns at least $684/week ($35,568/year) on a genuine salary basis, not an hourly rate dressed up as a salary.
Apply the duties test
Evaluate the employee's actual day-to-day responsibilities against the executive, administrative, or professional exemption categories: job title alone doesn't qualify anyone.
Document the classification
Keep a written record of why a position was classified exempt, tied to specific duties, not just the salary level.
Re-check when duties change
A role that was correctly exempt at hire can drift out of exemption as responsibilities shift: reclassification should follow role changes, not wait for an audit.
Florida's minimum wage: the number that changes the base rate
Florida's minimum wage is on a legislated path that voters approved in 2020, and 2026 marks its final scheduled step. On September 30, 2026, the minimum wage rises to $15.00 per hour, with the required cash wage for tipped employees rising to $11.98. Starting in 2027, the wage adjusts annually based on inflation (CPI-W) rather than a fixed schedule.
| Date | Florida minimum wage | Tipped cash wage |
|---|---|---|
| Before Sept 30, 2026 | $14.00/hr | $10.98/hr |
| Sept 30, 2026 onward | $15.00/hr | $11.98/hr |
| Starting 2027 | Adjusted annually by CPI-W | Adjusted with base wage |
This matters for overtime because Florida's minimum wage sets the regular rate overtime is calculated from for hourly non-exempt employees. It doesn't change the federal exempt salary threshold or the 40-hour weekly trigger: those come from the FLSA, not the state minimum-wage statute. But the interaction still matters operationally: as base pay rises to meet the new minimum, employers should re-check that no hourly worker's effective pay, once overtime is factored in, has drifted below what the law requires.
Common overtime mistakes that create exposure
- Classifying a role 'salaried' without confirming it actually meets both the salary threshold and the duties test
- Assuming a management-sounding job title is enough to justify an exemption
- Failing to count non-discretionary bonuses and commissions correctly when calculating the regular rate for overtime
- Averaging hours across two workweeks instead of calculating overtime separately for each single workweek
- Not tracking hours for employees who are technically non-exempt but treated informally as salaried
Signals of Non-Exempt status
- Paid hourly, or salary below $35,568/year
- Duties are largely routine or production-focused
- Limited independent decision-making authority
- No supervisory responsibility over other employees
Signals of Exempt status
- Salary at or above $35,568/year, paid consistently
- Duties involve independent judgment on significant matters
- Manages the enterprise or a recognized department
- Regularly directs the work of two or more employees
Run a duties-test review on every exempt classification once a year, not just at hire. Job responsibilities shift gradually, and an employee who was correctly exempt when hired can end up misclassified two years later without anyone making a deliberate decision to change it.
Get your overtime classifications reviewed
SMAART Payroll reviews every exempt classification against the current FLSA salary threshold and duties test, before it becomes a wage claim.
Start a compliance reviewSources
- Fair Labor Standards Act, 29 U.S.C. § 207 (overtime pay requirements)
- U.S. Department of Labor, Wage and Hour Division: Overtime Pay
- U.S. Department of Labor: Fact Sheet 17A: Exemption for Executive, Administrative, Professional Employees
- Florida Constitution, Article X, Section 24 (minimum wage schedule)
- Florida Department of Commerce: Florida Minimum Wage
Frequently asked questions
No. Florida has no state overtime statute: every overtime requirement a Florida employer faces comes from the federal Fair Labor Standards Act (FLSA). There's no Florida-specific daily-overtime rule the way some states have.
Under the FLSA, overtime pay of at least 1.5 times an employee's regular rate is owed for every hour worked over 40 in a single workweek. Florida doesn't add a daily overtime trigger: only the weekly 40-hour threshold applies.
As of 2026, the federal FLSA exempt salary threshold is $684 per week, or $35,568 per year. An employee paid less than that is entitled to overtime regardless of job title. Earning above the threshold doesn't automatically create an exemption: the employee also has to pass a duties test.
Florida's minimum wage reaches $15.00 per hour on September 30, 2026, the final step of a six-year phase-in. It sets the regular hourly rate overtime is calculated from for hourly workers, but it doesn't itself change the federal overtime rules or the exempt salary threshold.