Hours & Pay Regulations
The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent. Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.
Time Spent Travelling
Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not ‘hours worked’ and, therefore, does not have to be paid.
Ten hours of labor shall be a legal day’s work, and when any person employed to perform manual labor of any kind by the day, week, month or year renders 10 hours of labor, he or she shall be considered to have performed a legal day’s work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily.
Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of 10 hours’ labor daily.
For Minor Aged 16 to 17 years: They may work up to 30 hours per week. Not before 6:30 a.m. or later than 11 p.m. and for no more than 8 hours a day when school is scheduled for the following day. On days when school does not follow, there are no hour restrictions.
For Minor Aged 14 to 15 years: They may work up to 15 hours per week. Not before 7 a.m. or after 7 p.m. and for no more than 3 hours a day on school days, when a school day follows. May work up to 8 hours on Friday, Saturday, Sunday, and on non-school days, when school days do not follow, until 9 p.m.
Florida has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act, which requires that all nonexempt employees be paid at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a week.
Ten hours of labor is a legal day’s work for manual laborers. Employees are entitled to extra pay for all work performed in excess of 10 hours daily.
Rest breaks usually lasting less than 20 minutes in 8 hours, must be paid.
Breast Feeding Breaks
Employers are prohibited from discriminating against women on the basis of pregnancy-related conditions, including breastfeeding, and are required to make reasonable accommodations for employees who have pregnancy-related limitations. Such reasonable accommodations may include the provision of break time and appropriate facilities for expressing breast milk.
Annual Leaves are unpaid leave based on the agreement between employer and employee (FSLA). The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise). These benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative).
Effective January 1, 2018, Florida’s hourly minimum wage is $8.25, an increase from the $8.10 hourly minimum wage in effect in 2017.
The minimum wage rate is annually recalculated on Sept. 30 by the Department of Economic Opportunity, based on the consumer price index for the prior 12 months. The adjusted minimum wage rate takes effect on the following January 1.
Effective January 1, 2018, Florida’s tipped workers’ hourly minimum wage is $5.23, an increase from the $5.08 tipped workers’ hourly minimum wage in effect in 2017. If only part of the maximum tip credit is applied, employers still must compensate applicable tipped employees up to at least the state’s regular minimum wage of $8.25 an hour as of 2018.
Employers may take a tip credit equal to the 2003 federal tip credit ($3.02 an hour) for tipped employees meeting eligibility requirements under the Fair Labor Standards Act.
Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period.
Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Florida Stat. 450.081(4).
Funeral Leave is based on an agreement between employer and employee.
Employers must provide one day of leave (unless the juror is assigned to a trial that lasts longer) to employees summoned to jury duty. Leave is unpaid unless municipal law requires payment. Job protections apply to employees taking jury duty leave.
Employers who employ 50 or more employees must provide up to three workdays of domestic or sexual violence leave in any 12-month period. Employees who have worked for their employer for at least three months are eligible for domestic violence leave to:
- Seek an injunction for protection;
- Obtain medical care, mental health counseling or both for the employee or a family or household member;
- Obtain services from a victim services organization;
- Secure the employee’s home or seek new housing, or
- Seek legal assistance or attend and prepare for court-related proceedings. Job protections and notice and certification requirements apply.
State employees are allowed up to 30 days of paid leave for organ donation. (§45-20-31).
In addition to the Uniformed Services Employment and Reemployment Rights Act (USERRA), Florida law provides the following job protections for military members:
- Reemployment rights for members of the Florida National Guard following state active military duty; and
- Discrimination protections for members of the Florida National Guard or any Reserve component of the U.S. Armed Forces.
Employers must provide unpaid leave to employees who are subpoenaed to testify in a judicial proceeding. Job protections apply to employees taking witness leave.
Last updated on: November 14th, 2019