Florida

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

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.

 

Manual Laborers 

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.

 

Minor

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.

Overtime

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.

Breaks

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 Leave

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).

Minimum Wage

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.

Tips & Gratuities

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.

Meal Breaks

No person 14 or 15 years of age shall be employed for more than five hours continuously without a documented interval of at least 30 minutes for a meal or rest period. Any meal period under 30 minutes shall not be considered to interrupt a continuous period of work.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Funeral Leave

Funeral Leave is based on an agreement between employer and employee.

Jury Duty Leave

Jury Duty Leave is based on an agreement between employer and employee.

Domestic Violence Leave

An employer shall permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer.

Donor Leave

State employees are allowed up to 30 days of paid leave for organ donation. (§45-20-31).

Last updated on: February 7th, 2019