Florida Overtime and Minimum Wage Violation Attorney

The Fair Labor Standards Act FLSA is a federal law that sets minimum wage, overtime pay, recordkeeping, and youth labor standards.

It protects workers by establishing basic wage protections and requiring employers to comply with rules about hours worked and pay owed.

An employee is protected under the FLSA based on either their employer’s status (enterprise coverage) or the employee’s status (individual coverage).

Coverage under the FLSA can be established through “Enterprise Coverage”, which applies to entire businesses, or “Individual Coverage”, which applies to specific employees based on their job duties. An employee only needs to qualify under one of these coverage options to be entitled to the FLSA’s protections.

“Enterprise Coverage” applies if the business:

1. Has annual gross volume of sales of at least $500,000; and
2. Has two or more employees who are:
   • Engaged in interstate commerce;
   • Producing “goods” for interstate commerce; or
   • Handling, selling, or otherwise working on “goods” or “materials” that have moved in or were produced for commerce.

Even if a business is not covered as an enterprise, an employee can qualify for “Individual Coverage” if their job activities involve interstate commerce (like making phone calls across state lines or handling goods that moved between states). Individual coverage does not depend on the employer’s gross sales or number of employees. A single employee of a very small business may be covered individually, even if enterprise coverage does not apply.

Yes. Hospitals, schools (public and private), nursing homes, and government agencies are automatically covered under the FLSA.

Maybe. A small company that would not ordinarily be covered under the FLSA due to limited revenue or size can still be liable if the company is part of a larger “joint employment” relationship.

Two or more businesses can be combined and considered a “joint employer” under the FLSA if they share control over a worker’s employment or if the employee’s work benefits both companies.

There are two main types:

• Horizontal joint employment (companies are related or coordinate employment)
• Vertical joint employment (like a staffing agency supplying workers to another business)

If joint employment exists, all joint employers are responsible for compliance with the FLSA.

Also, keep in mind that a single employee can qualify for individual coverage regardless of the employer’s gross sales or number of employees.

The FLSA applies to all workers who meet the definition of “employee” under the Act, regardless of whether they are labelled as an “employee” or “independent contractor”.

Merely labeling a worker as an “independent contractor” in a contract or business form does not determine their legal status under the FLSA. Many so-called independent contractors are misclassified and may actually be employees entitled to legal protections.

Courts apply the “economic realities” test, looking at factors like control, investment, profit or loss opportunity, and whether the work is integral to the business.

To determine whether a worker is an employee or an independent contractor under the FLSA, courts apply the “economic realities test”, which evaluates whether the worker is economically dependent on the employer or is in business for themselves.

The core factors include:

• Degree of control exercised by the employer
  • Who decides how, when, and where the work is done?
  • Independent contractors typically set their own schedules and methods.
• The worker’s opportunity for profit or loss
  • Can the worker increase earnings through initiative, efficiency, or investment?
  • Employees are generally paid a wage or hourly rate without the chance to make a profit.
• Worker’s investment in tools and equipment
  • Independent contractors usually invest in their own equipment, tools, or materials.
• Permanency of the relationship
  • A long-term, indefinite relationship suggests employee status.
  • Temporary or project-based work leans toward independent contractor status.
• Skill and initiative required
  • Independent contractors often bring specialized skills and operate with minimal training or direction.
• Whether the work is integral to the employer’s business
  • Work that is a central part of the employer’s business (for example, delivery drivers for a courier service) weighs in favor of employee status.

No single factor is determinative, and the analysis considers the totality of circumstances.

Maybe. It depends on whether the intern or trainee is the “primary beneficiary” of the relationship.

If the training mainly benefits the intern and is educational in nature, the intern may not be considered an employee and may not be entitled to wages.

True volunteers who donate their time for religious, charitable, or public service purposes without expectation of pay are not considered employees under the FLSA.

However, you cannot “waive” your right to wages by calling yourself a volunteer if you are performing work for a for-profit company.

On-call time must be paid if the employee’s freedom is severely restricted while waiting to be called to work.

If you can use your time freely and are not unduly restricted, on-call time may not be compensable.

If an activity is integral and indispensable to your main job duties, the time must be paid.

Under the FLSA, the time spent before or after the main work is called “preliminary” and “postliminary” activities.

• “Preliminary activities” are things you do before your main job starts.

• “Postliminary activities” are things you do after your main job ends.

Not all of this time has to be paid, but some of it does. You must be paid if the activity is necessary for your main job, and part of what helps you do the job safely and properly. Examples include putting on required safety gear, or cleaning equipment used on the job.

The FLSA does not require employers to provide breaks. However, if employers do provide breaks, short breaks must be counted as working time.

Generally speaking, rest breaks of 20 minutes or less must be paid. Meal periods of 30 minutes or longer can be unpaid if you are fully relieved of duties.

Non-exempt employees must receive 1.5 times their regular rate of pay for hours worked over 40 in a workweek.

The “regular rate” includes hourly wages, shift differentials, non-discretionary bonuses, and commissions. Overtime is calculated per workweek, not per day, pay period, or pay cycle.

Yes. Tipped employees are fully protected under the FLSA’s wage and hour provisions, including the right to:

• Be paid at least the federal minimum wage
• Receive overtime pay for hours worked over 40 in a workweek, and
• Keep their tips, with limited exceptions.

Many tipped employees are paid a reduced hourly wage, however, because employers can take a “tip credit” toward the minimum wage if they meet certain criteria. If an employee’s tips do not bring their total pay to the minimum wage, the employer must make up the difference.

Tips are the property of the employee! Employers cannot take or keep any part of an employee’s tips, except in a valid tip pool. A valid tip pool requires:

• Employers may require tipped employees to share tips with other customarily tipped employees (for example, bussers, bartenders).
• Tips cannot be shared with managers, supervisors, or back-of-house workers (like cooks or dishwashers), unless the employer does not claim a tip credit.
• Employer cannot keep any portion of the pooled tips.

Legally required or voluntary deductions like taxes, insurance premiums, and retirement contributions are allowed.

Employers may not deduct costs that are for the employer’s benefit if doing so causes the employee’s wages to fall below the required minimum wage or overtime rate. For example, employers cannot make deductions for uniforms, equipment, or other business costs if it cuts into minimum wage.

The FLSA requires employers to pay overtime for all hours worked over 40 in a workweek unless the employee is classified as “exempt.”

An employee is exempt from overtime only if they meet all the criteria of a valid exemption under the FLSA. The most common exemptions are for certain “white collar” employees, including executives, administrators, professionals or outside salespeople.

These exemptions are based on a combination of how much the employee is paid and what kind of work they do. The salary threshold is generally $684 per week, and duties must match specific criteria. Highly compensated employees may qualify for a simplified exemption test if they perform at least one exempt duty.

Some employees, such as teachers, doctors, and lawyers may be exempt regardless of salary level, and certain jobs, such as taxi drivers, movie theater workers, seasonal amusement park employees are excluded from overtime protections under special rules.

The main “white collar” exemptions include the executive, administrative, professional, computer employee and outside sales exemptions.

To qualify, an employee must meet three tests:

1. Salary Basis Test – The employee must be paid a fixed salary, not an hourly wage.
2. Salary Level Test – As of 2025, the minimum weekly salary for most white collar exemptions is $684 per week (equivalent to $35,568 annually).
3. Duties Test – The employee’s primary job duties must match specific criteria:

Executive Exemption

• Primary duty: Managing the enterprise or a department.
• Must regularly direct the work of at least two full-time employees.
• Must have authority (or strong influence) over hiring and firing decisions.
• Example: A store manager who runs the daily operations and supervises a team.

Administrative Exemption

• Primary duty: Office or non-manual work directly related to management or general business operations.
• Must exercise discretion and independent judgment on significant matters.
• Example: An HR manager who develops policies or makes decisions about staffing.

Professional Exemption

• Applies to learned professionals (for example, lawyers, doctors or accountants) and creative professionals (such as artists or writers).
• Primary duty must require advanced knowledge in a field of science or learning, typically gained through higher education.

Outside Sales Exemption

• Primary duty: Making sales or obtaining orders.
• Must work primarily away from the employer’s place of business.
• No minimum salary requirement.
• Example: A pharmaceutical sales representative who travels to doctors’ offices.

Computer Employee Exemption

• Applies to certain IT professionals such as software engineers, systems analysts, and programmers.
• May be paid either:
  • A salary of at least $684/week, or
  • An hourly rate of at least $27.63/hour.
• Primary duty must involve systems analysis, design, programming, or software engineering.

Employers must keep payroll records for at least 3 years.

Some supporting records, like timecards and work schedules, must be kept for at least 2 years.

Employees may recover unpaid wages, liquidated damages (double damages), and attorney’s fees through a lawsuit or a Department of Labor investigation.

Two years for standard violations; three years for willful violations.

It is illegal for an employer to fire or retaliate against an employee for filing a complaint, participating in an investigation, or asserting rights under the FLSA.

If you believe your employer retaliated against you, you have several options. You can file a complaint with the U.S. Department of Labor (DOL), or file a lawsuit in court.

A successful claim may result in:

• • Reinstatement to your job (if you were fired),
  • Back pay (lost wages),
  • Liquidated damages (usually equal to back pay),
  • Injunctive relief (e.g., stopping ongoing retaliation),
  • Attorney’s fees and costs.

There is no requirement to file a DOL complaint first. You can go straight to court.

Florida’s minimum wage is higher than the federal minimum wage and adjusts annually based on inflation.

Florida’s minimum wage is currently $13.00 per hour for non-tipped employees. This rate will increase to $14.00 per hour on September 30, 2025, and to $15.00 per hour on by September 30, 2026. After that, it will increase annually for inflation.

For tipped employees, the minimum wage can be reduced by the tip credit.