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Florida Wages and Overtime

Overtime — at least 1.5x the regular rate for hours over 40 in a workweek — is governed by the federal Fair Labor Standards Act (29 U.S.C. § 207). Florida has no separate state overtime law and no statute setting a final-paycheck deadline. Unpaid-wage claims may proceed under the FLSA or as a breach-of-contract claim.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Wage claims involve specific records and deadlines — talk to a Florida attorney about your situation.

In Florida, the rules on overtime and unpaid wages come largely from federal law.

Overtime is federal

Florida has no separate state overtime law. Instead, overtime is governed by the federal Fair Labor Standards Act (FLSA) (29 U.S.C. § 207). For covered, non-exempt employees, that means at least 1.5× the regular rate for hours worked over 40 in a workweek.

Final paychecks

Unlike some states, Florida has no statute setting a deadline for a final paycheck. That doesn’t mean an employer can keep wages you’ve earned — it just means the timing isn’t fixed by a Florida statute.

Unpaid wages

If you’re owed wages, a claim may proceed:

  • Under the FLSA — for unpaid minimum wage or overtime; or
  • As a breach-of-contract claim — based on the terms of your employment.

Which path fits depends on your facts.

Your hourly rate floor is covered in our minimum wage guide. For the full picture, start at the Florida employment law hub. To get matched with a local Florida employment attorney, connect with a lawyer.

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Frequently asked questions

Does Florida have its own overtime law?
No. Overtime in Florida is governed by the federal Fair Labor Standards Act (29 U.S.C. § 207), which requires at least 1.5x the regular rate for hours worked over 40 in a workweek. Florida has no separate state overtime law.
When does my Florida employer have to give me my final paycheck?
Florida has no statute setting a deadline for a final paycheck, unlike some states. If wages go unpaid, a claim may proceed under the FLSA or as a breach-of-contract claim.
How can I recover unpaid wages in Florida?
Unpaid-wage claims may proceed under the federal FLSA or as a breach-of-contract claim. The right path depends on your facts, so consider talking to a Florida attorney.

Sources

Related guides

  • Florida At-Will Employment Florida follows the at-will employment doctrine — a court-recognized common-law rule, not a statute. Without a contract or an applicable statute, the employer or employee can end the relationship at any time, for any lawful reason or no reason. The key limit: you cannot be fired for an illegal reason, such as unlawful discrimination or retaliation.
  • Florida Minimum Wage Florida's minimum wage is set by the state constitution (Art. X, § 24, as amended by 2020's Amendment 2) and rises $1.00 each September 30 until it reaches $15.00/hour on September 30, 2026. After September 30, 2027 it's adjusted annually for inflation (CPI). A tipped-wage credit applies. Always check the current state rate, because it steps up each year.
  • Florida Whistleblower & Retaliation Florida's private-sector Whistleblower's Act (Fla. Stat. § 448.102) protects employees from retaliation for disclosing, or refusing to participate in, an employer's violation of law (with notice-and-opportunity-to-cure requirements for some disclosures). Public and government employees are protected under § 112.3187. Retaliation for protected activity, like reporting discrimination, is also unlawful.
  • Florida Workplace Discrimination The Florida Civil Rights Act of 1992 (Fla. Stat. § 760.10) makes it an unlawful employment practice to discriminate based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. It's enforced by the Florida Commission on Human Relations. Federal laws also apply — Title VII, the ADA, and the ADEA.

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