Overtime Law

Florida Overtime and Minimum Wage FAQs

Q. Does my employer have to pay me according to Florida's minimum wage or the federal minimum wage?

A. Under federal law, employers must pay their worker the higher minimum wage, whether it is the federal minimum wage or the state minimum wage. As of Jan. 1, 2012, Florida established the state minimum wage of $7.67. As of July 24, 2009, the federal minimum wage is $7.25. Therefore, employers must pay their workers the higher wage, which is Florida's minimum wage of $7.67.

Q. Even though the Florida minimum wage rose to $7.67 on Jan. 1 2012, my employer still pays me at a rate of $7.31. What can I do about this?

A. Paying Florida employees any less than $7.67 after Jan. 1, 2012 is illegal. If you make less than $7.67 per hour, fill out our free case evaluation form on the right to speak with a Florida minimum wage attorney. Upon receiving your claim, our Florida minimum wage lawyers will determine, at no cost to you, whether you are eligible to recover back pay.

Q. My Florida employer makes me work off the clock. Is this legal?

A. Working "off-the-clock" is a common overtime scam that employers in Florida and nationwide use to avoid paying overtime. If your employer is making you perform certain tasks before clocking in or after clocking out, you may be eligible for an overtime lawsuit. Fill out our free case evaluation form to speak with a Florida overtime attorney today.

Q. How long do I have to file an overtime or minimum wage claim in Florida?

A. While the Fair Labor Standards Act (FLSA) only offers two to three years for employment cases, Florida residents have a longer statute of limitations. Under Florida overtime and minimum wage law, employees have four years to file a claim; if the employer's action was willful, the employee has five years. However, Florida workers should not hesitate to file a claim. Contacting a Florida overtime lawyer in a timely manner can help ensure he or she has enough time to put together a strong case.

Q. Can my employer fire me for filing a minimum wage or overtime claim?

A. Florida law prohibits any retaliatory action for exercising your rights under the Florida Constitution or the Fair Labor Standards Act. If your employer fired, demoted or cut your pay after you made a complaint regarding overtime or minimum wage, contact a Florida overtime lawyer today.

Q. What compensation can I recover for my Florida overtime or minimum wage claim?

A. The Florida constitution allows back pay, attorneys' fees, equitable relief, as well as an amount equal to the back pay in double damages. The Florida employment law also fines the employer $1,000 per overtime or minimum wage violation.