Country Selector
Last updated on: July 22nd, 2024
Hours & Pay Regulations
Normal Working Hours
An employee’s regular working hours may not exceed the legal maximum regular hours of 40 hours per workweek.
Workday means any consecutive 24-hour period commencing at the same time each calendar day.
Workweek means any 7 consecutive days, starting with the same calendar day each week. A workweek is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.
Recording Requirement – Every employer shall maintain employment records at their registered office, principal place of business, or job site in Florida for at least 2 years. The record includes:
-
- Name of the person.
- Social Security Number, Federal Employer Identification Number, or IRS Tax Identification Number of the person.
- Each day, month, and year or pay period when the employer engaged the person in employment.
- Employers are mandated to maintain records of the remuneration disbursed or owed to individuals for their services. If payment is on an hourly basis, the records should include the date, month, and year of work, along with the hours worked per pay period. For non-hourly payments, details like the basis (e.g., competitive bid, piece rate, or task) and the corresponding dates of earned remuneration must be specified.
Fla. Admin. Code R. 69L-6.015.
Overtime
Florida has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act. Any work performed beyond 40 hours in a work week is considered overtime work.
Pay– An employee is entitled to premium pay at the rate of 1.5 times their regular rate for all hours worked excess in a workweek.
Manual Laborers – Any work performed beyond 10 hours of labor is Overtime work for manual laborers. Employees are entitled to premium pay for all work performed more than 10 hours daily.
Breaks
Employers are not legally required to provide breaks or meal periods to their employees under either the Fair Labor Standards Act (FLSA) or Florida law. It’s common for employers to provide short breaks lasting from 5 to 20 minutes. According to the FLSA, employees must be compensated during short breaks, but employers aren’t obligated to pay for meal periods lasting 30 minutes or more, provided that employees are free to use this time as they wish and aren’t required to work during it.
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.
Under the FLSA, an employee who takes a break that is 20 minutes or less must be paid for their break time at their normal rate. This includes meal, religious, health, and most likely restroom breaks as long as the break is under 20 minutes. An employer does not have to pay an employee for a break if:
-
-
- the break is longer than 20 minutes; and
- the employee is relieved of all work during the break.
-
No Penalty for Missing Break as per law
Breastfeeding Breaks – Under Florida law, a mother has the right to breastfeed her baby in any location whether public or private. FLSA proposes that employees who breastfeed are entitled to a reasonable break time and a separate room (other than an office bathroom) to express breast milk at work.
Public Holidays
Florida law does not require private employers to provide employees with either paid or unpaid holiday leave. In Florida, a private employer can require an employee to work holidays. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays unless such time worked qualifies the employee for overtime under standard overtime laws.
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).
Special Leave
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. Florida Statute 40.271.
Employers who employ 50 or more employees must provide up to three workdays of domestic or sexual violence leave in any 12 months. 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.
-
An employee shall be entitled to up to 30 days of paid leave to serve as an organ donor, and up to 7 days of paid leave to serve as a bone marrow donor, without loss or reduction, leave, or credit for time of service, in a calendar year.
This is applicable only if the employee is a volunteer donor, and any compensation received by the employee is limited to costs and expenses associated with organ or bone marrow donations.
-
-
-
-
- Reemployment rights for Florida National Guard members after completing state active duty.
- Protection against discrimination for members of the Florida National Guard and 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. Florida Rules of Juvenile Procedure.
