How many hours can you legally work in a day in Florida? (2023)

How many hours can you work in a day legally in Florida?

Florida Labor Laws of Hours Worked in a Day

If you're scheduled for more than 10 hours, your employer must pay you overtime. If you're paid by the hour, the state doesn't regulate the number of hours you can work in a day, as long as you're over 18.

Across the country, certain states have enacted restrictions on mandatory overtime. However, Florida is not one of them. Even though there are Florida wage and hour laws in place, our state defers to the federal Fair Labor Standards Act (FLSA) when it comes to overtime and wage requirements.

There is no limit for the total number of hours an employee can work in Florida. Employers paying their staff by the hour must follow relevant law. For example, by federal law, an employer offering short breaks (less than 30 minutes in length), must continue paying that employee.

Florida law does not prohibit employers from forcing employees to work overtime. Unless a written agreement between the employer and employee states otherwise, an employer can require that manual laborers work more than 10 hours per day, as long as the employee is compensated for the extra hours.

There are no labor laws regarding hourly wages in Florida, but there are federal provisions in the FLSA for hourly workers that guarantee their protection and a minimum wage including overtime hours. Independent contractors are not included in the provisions for hour protections and a minimum wage provided by the law.

You shouldn't have to work more than an average of 8 hours in each 24-hour period, averaged out over 17 weeks. You can work more than 8 hours a day as long as the average over 17 weeks is no more than 8. Your employer can't ask you to opt out of this limit.

While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Florida does not specify a daily overtime limit.

Updates to Florida overtime in 2021

January 1, 2021: $8.65 per hour with a $12.98 overtime rate. September 30, 2021: $10 per hour with a $15 overtime rate. September 30, 2022: $11 per hour with a $16.50 overtime rate. September 30, 2023: $12 per hour with an $18 overtime rate.

If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.

These rights include the right to apply for work without being discriminated against, the right to a fair wage and fair compensation, the right to a safe workplace free from discrimination and harassment, and the right to take unpaid medical leave in certain circumstances without risking one's job or health benefits.

Is it legal to work 8 hours without a break in Florida?

Until an employee's 18th birthday, Florida labor law requires that minor employees be given at least a 30-minute uninterrupted meal break for every 4 hours of continuous work. Adult employees are not entitled to any breaks under federal or state law.

As reported by the National Conference of State Legislatures (NCSL), there are 27 'right-to-work' states in the United States. Florida is a 'right-to-work' state. In fact, Florida is one of the country's first 'right-to-work' states—adopting the law back in 1943.

Unless you are protected (“exempted”) by an employment contract or union contract, employment in Florida is at-will, and an employee may be fired for any reason that's legal, including a refusal to work overtime. However, you cannot be fired for an illegal reason – employer discrimination or retaliation, for example.

Under the FLSA and Florida Law employers must calculate the work week as a fixed schedule of a continuous, seven day, 24 hours per day schedule. It does not have to be Sunday to Saturday. It can start on any day of the week and end seven consecutive days later.

Generally, the employee can legally refuse to work more than 45 hours per week normal time and he can legally refuse to work more than 10 hours per week overtime and he can legally refuse to work more than 12 hours in any one day, consisting of nine hours normal time and three hours overtime.

The three basic rights of workers include rights concerning pay, hours and discrimination. Workers are entitled to these rights through the law and may declare their employer if they do not respect these rights.

Employees have all the employment rights that workers do, as well as extra rights and responsibilities, including: parental leave and pay. Shared Parental Leave and Pay. maternity, paternity and adoption leave and pay.

A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

What is the law in California? Under California wage and hour laws, there is no limit to the number of hours an employee can work in a single workday. They can work the full 24-hour period, if they want to. However, workers who do so are entitled to overtime pay and potentially other benefits, as well.

The FLSA sets no limits on how many hours a day or week your employer can require you to work. It requires only that employers pay employees overtime (time and a half the worker's regular rate of pay) for any hours over 40 that the employee works in a week.

How many hours can you work in a day according to OSHA?

What is an Extended/Unusual Shift and when are they used? A normal work shift is generally considered to be a work period of no more than eight consecutive hours during the day, five days a week with at least an eight-hour rest.

If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to.

"MANDATORY OVERTIME"- WHAT YOU NEED TO KNOW: As a general rule, employees may not be compelled to work in excess of eight hours on any given day against his will.

The current hourly minimum wage rate is $10 per hour. The initiative to reach a $15 minimum wage is happening gradually, with a $1 per hour increase each year through 2026.

The FLSA requires an employer to pay a non-exempt employee time and a half pay for any hours worked over 40 per week. The FSLA does not limit hours worked per day, or days worked per week, including overtime.

Employees across the State of Florida deserve fair pay — and many employers are bound by law to pay at least the Florida minimum wage to their workers. It is widely known that the U.S. has a federal minimum wage standard, which has been stagnant at $7.25 per hour since 2009.

There are exemptions to the federal overtime rules for professionals, executives, computer workers, and administrative employees. In 2020, Florida's overtime minimum wage is $12.84 an hour, or 1½ times the regular state minimum wage of $8.56 per hour.

How many breaks should I get? You have a right to: A 15 minute break when you have worked more than 4 ½ hours. A 30 minute break when you have worked more than 6 hours, which can include the first 15-minute break.

Florida Full Time Employment Defined

Florida full-time employment is defined as an individual working a workweek of 25 hours or more. However, this term is generally reserved for insurance purposes. Many Florida employers classify employees as full-time if they work more than 32 hours per week.

Florida Law Doesn't Require Meal or Rest Breaks

In other words, although breaks are not required, employers must pay employees for time they spend working and for shorter breaks during the day.

What qualifies as wrongful termination in Florida?

An employee may file a claim of wrongful termination against an employer if he or she believes the termination was based on one or more protected characteristics such as: age, race, sex, national origin, disability, gender, pregnancy, color, sexual orientation and identity or for complaints about harassment or ...

Your employer can terminate your employment at any time and without warning. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. If your termination is not tied to severe workplace misconduct, you dismissal is considered one “without cause”.

An employer can dismiss an employee without giving notice if it's because of gross misconduct (when an employee has done something that's very serious or has very serious effects). The employer must have followed a fair procedure.

Uninterrupted work for more than 6 hours mandates 30 minutes of break, more than 9 hours of work mandates 45 minutes of work.

The only comment OSHA makes about work breaks is that short rest breaks of between 5 to 20 minutes must be paid time for the employee. Any laws requiring employee breaks are mandated by state governments.

Florida is an at-will state, which means an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or no reason at all. The only way to change that is to urge your state legislators to pass more protections for employees. That doesn't mean there are no protections for employees.

This is because Florida is an “at-will” state, meaning that they can fire you at any time for any reason — that isn't against the law. When you do get sick, it is essential to follow any company call-in procedures to let them know you won't be at work.

Is an employee entitled to holiday pay? No federal or Florida law requires employers to pay employees for holidays, except of course, if the employee actually works on the holiday.

What happens if you work over 60 hours?

For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time.

Florida Labor Laws of Hours Worked in a Day

If you're scheduled for more than 10 hours, your employer must pay you overtime. If you're paid by the hour, the state doesn't regulate the number of hours you can work in a day, as long as you're over 18.

Florida: May work up to 8 hours per day and up to 40 hours per week; may not work before 7 a.m. or after 9 p.m. DAYS PER WEEK Florida: No more than 6 consecutive days in any one week.

Florida has no separate statute for overtime and breaks. It follows the federal law requiring payment of one and a half times the regular rate for all hours worked in excess of 40 hours per week. Florida law requires that overtime be paid for hours worked in excess of 10 hours per day.

Working lunches and rest breaks

You should leave out any lunch breaks where you don't have to do any work. You should also leave out any lunch breaks that you choose to work through. Working time doesn't include rest breaks, so you shouldn't count any time you spend on breaks during or between shifts.

In the end, scientists generally agree that the ideal daily working time is around 6 hours, and more concentrated in the morning.

Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.

Florida's Overtime Minimum Wage

Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Therefore, Florida's overtime minimum wage is $15.00 per hour, one and a half times the regular Florida minimum wage of $10.00 per hour.

Under the FLSA and Florida Law employers must calculate the work week as a fixed schedule of a continuous, seven day, 24 hours per day schedule. It does not have to be Sunday to Saturday. It can start on any day of the week and end seven consecutive days later.