Employment · Florida

Can I sue for unpaid overtime in Florida?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Florida?

free route

Florida sets a minimum wage but no overtime rule of its own, so the overtime is the federal claim above and the free route is the federal Wage and Hour Division. A complaint costs nothing, and by law the Division may not disclose your name, what you complained about, or that a complaint exists.

source ↗Not yet checked against the statute.

Which court hears a case like this in Florida?

which court

County court

source ↗Not yet checked against the statute.

How much can you sue for in Florida small claims court?

small claims limit

$8,000

source ↗Not yet checked against the statute.

exceptions: The limit does not count costs, interest or attorney's fees.

source ↗Not yet checked against the statute.

What else should you know in Florida?

also

Florida's minimum wage is well above the federal one, and that matters to an overtime claim: time and a half is calculated on your regular rate, and in Florida that rate starts from the higher state floor.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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