We are commonly asked whether an employees full-time or part-time status impacts whether they are entitled to overtime pay in Florida.
It’s not uncommon for part-time employees to be asked to work in excess of 40 hours per week – exceeding the FLSA mandated threshold requiring time-and-a-half compensation for hours worked over 40 – but does their part-time employment status allow employers to avoid paying overtime?
We encounter this question frequently, however, the FLSA law applies to part-time employees in Florida requiring employers to pay overtime for hours in excess of the threshold.
The law is quite clear in this case, regardless of any confusion. “Are part-time employees entitled to overtime in Florida?”
The simple answer is “YES,” part-time workers are entitled to overtime wages when they work over 40 hours in a work week.
The Fair Labor Standards Act does not stipulate an exception for part-timers. If you work overtime, you are entitled the mandated overtime time-and-a-half pay.
The FLSA requires all hours worked over 40 in a workweek to be paid a one and one-half rate by non-exempt employers.
HEAR WHO PAYS ATTORNEY FEES IN AN UNPAID WAGE CLAIM HERE
It’s not uncommon for Florida employers to think the overtime laws don’t apply to their part-time workforce. They are dead wrong.
It may be an honest misunderstanding, but in many cases these employers are knowingly misleading their workers in an attempt to avoid paying overtime wages.
The unfortunate truth is that it can often result from a cold calculation on the employers behalf. They way the costs of potentially getting caught, with the savings of cheating their employees of their overtime pay – and greed gets the better of them.
Regardless of their motivation, if you are a part-time employee you are entitled to overtime if you work it. Furthermore, there isn’t an exception for part-time tipped employees, they must also be paid overtime hours if the employee works more than 40 hours in a workweek.
Overtime pay, based on Florida’s rates, can be calculated as follows:
Hourly minimum wage = $11
Tip Credit = $3.02 ($11.00-$7.98=$3.02)
Minimum wage of $11 x 1.5 = $15 (Hourly overtime pay)
Hourly overtime pay – tip credit ($15.50-$3.02 = $12.48)
Overtime rate for tipped employees = $12.48
Of course, if the tipped employee’s regular hourly rate is more than the state minimum the calculations for overtime pay should be adjusted to reflect their rate of pay.
If you believe you are owed overtime pay, contact the experienced Florida Overtime Lawyers at Celler Legal, P.A. who can help you determine what you may be owed, and your options to collect what you are entitled.