Florida has no overtime law of its own, so federal FLSA rules decide your pay. Enter your rate and hours for an accurate Florida paycheck estimate: 1.5x after 40 hours a week, no daily overtime rule.
Rules verified November 2026 · Sources: U.S. Department of Labor
By Mudassir Khan
Federal FLSA rules, Florida framing. Each workweek stands alone.
Florida has no state wage claim agency, so unpaid overtime goes to the federal DOL or to court. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Florida never passed its own overtime statute, so the Fair Labor Standards Act applies directly: nonexempt employees earn at least 1.5 times the regular rate for hours over 40 in a workweek.
Florida has no state labor department that handles wage claims. Unpaid overtime complaints go to the Wage and Hour Division of the U.S. Department of Labor, or you can file a lawsuit in court.
Florida voters wrote yearly $1 increases into the state constitution in 2020. The final scheduled step took the minimum wage to $15.00 an hour on September 30, 2026, up from $14.00. From 2028, the rate adjusts with inflation instead.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | Florida |
|---|---|
| Overtime rule | Federal FLSA only: 1.5 times pay after 40 hours in a workweek |
| Minimum wage 2026 | $15.00 from Sept 30, 2026 ($14.00 before; tipped cash wage $11.98) |
| State income tax | None |
| Claim agency | No state agency; U.S. DOL Wage and Hour Division or court |
| Claim deadline | 2 years under the FLSA, 3 years if the violation was willful |
| Worker | Math | Gross |
|---|---|---|
| $20/hr, 45 hours | $800 + 5 × $30 | $950.00 |
| $16/hr, 52 hours | $640 + 12 × $24 | $928.00 |
| $15/hr, 50 hours | $600 + 10 × $22.50 | $825.00 |
| $18/hr, four 10 hour days (40 hrs) | 40 × $18, no overtime | $720.00 |
Example 4 is the Florida trap: the same four 10 hour days would earn 8 overtime hours in California. In Florida they earn none, because only the weekly 40 hour line counts.
No Florida state income tax. Florida is one of the few states with no income tax at all, so overtime take home is reduced only by federal income tax and Social Security and Medicare taxes. Your overtime premium keeps more of its value here than in high tax states.
The 15 day notice rule. Florida's Minimum Wage Act requires you to give your employer 15 days written notice of a minimum wage claim before you can sue over it. Give the employer the written notice first, then file if the pay does not arrive.
The September 2026 wage step. If you budget around the old $14.00 floor, update your numbers: every hour worked on or after September 30, 2026 must pay at least $15.00, and overtime math for minimum wage workers now runs off the $15 base.
Like Florida, Texas runs on federal overtime law alone: our Texas overtime calculator shows the same math in a different state. The federal baseline is explained in the FLSA overtime rules guide.
No. Florida has no state overtime statute, so the federal Fair Labor Standards Act decides overtime for Florida workers: 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees.
Florida has no state wage claim agency, so unpaid overtime complaints go to the Wage and Hour Division of the U.S. Department of Labor or to court. Under the FLSA you have 2 years to file, 3 if the violation was willful.
$15.00 an hour from September 30, 2026, the final scheduled step of the constitutional Amendment 2 increases. Through September 29, 2026 the rate was $14.00 an hour. The tipped cash wage is $11.98 an hour.
No. Florida has no daily overtime rule. Only the weekly line matters: hours over 40 in a workweek earn 1.5 times the regular rate, no matter how long any single day was.
No. Florida has no state income tax, so no state tax comes out of overtime pay. Federal income tax plus Social Security and Medicare taxes still apply to overtime wages in full.
Yes, if nonexempt. A salary alone does not remove overtime rights in Florida. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the Florida framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a Florida paycheck? Try the deduction calculator, with no state income tax, the federal deduction goes further here.