Florida Overtime Pay Calculator

Florida does not have its own overtime statute. Coverage comes from the federal FLSA: 1.5x your regular hourly rate for hours over 40 in any 7-day workweek. There is no daily overtime, no double time, and no mandated holiday premium.

Florida's 2026 minimum wage rises to $15.00/hour on September 30, 2026 (the final scheduled step from Amendment 2). Tipped employees earn a cash wage of $11.98/hour with a maximum $3.02 tip credit. Overtime for tipped workers is calculated on the full $15.00 rate — not the $11.98 cash wage — yielding $22.50/hour OT, less the same $3.02 tip credit per overtime hour.

Florida courts recognize the fluctuating workweek (FWW) method when employees receive a fixed weekly salary for hours that vary. Under FWW, the overtime premium is 0.5x (not 1.5x) the calculated regular rate, because the salary is deemed to already cover all straight-time hours.

Florida Statute §448.01 — a holdover from the 19th century — defines a 'legal day's work' as 10 hours of manual labor. Hours over 10/day are voluntary; an employer cannot legally compel a manual laborer to work more, and any work above 10 hours must be by mutual agreement.

This statute doesn't add overtime pay (FLSA still controls compensation), but it gives manual workers a legal basis to refuse mandatory hours past 10/day without facing termination for cause. It does not apply to office workers, healthcare workers, or salaried employees.

Florida workers file FLSA claims directly in federal court (often the Middle or Southern District of Florida) or with the U.S. Department of Labor. Recovery includes back wages plus equal liquidated damages and attorney's fees.

Florida's Constitution (Article X, §24) also creates a state minimum wage claim with a 4-year statute of limitations (5 if willful) and triple damages — useful when overtime violations also depress the regular rate below the state minimum.