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Lunch breaks, overtime pay and minimum wage laws in Florida

As an employee in Florida, you might have questions about your rights related to wages and hours. Are you entitled to a lunch break? Does your employer have to pay you overtime? Is the minimum wage different now? All of these questions might concern you, especially if you are questioning how your employer treats you.

You can find answers to these questions by reviewing the Florida-specific labor regulations and the Fair Labor Standards Act (FLSA). Keep reading for an overview of your rights as described in these state and federal employment laws.

Florida minimum wage

The Florida minimum wage is $8.10 per hour as of January 1, 2017. It was $8.05 in 2016. The minimum wage is subject to an annual increase related to inflation. Payment for tipped employees is subject to the FLSA. Employers are able to pay a lower hourly wage as long as tips make up the difference for each hour of labor. If tips do not accomplish this, your employer must reimburse the difference.

Lunch breaks

Florida employers do not have to provide any breaks for employees. Some employers choose to include breaks. If your breaks are shorter than 20 minutes, you may be entitled to pay during those breaks. If you have to do work during any break, such as answering phones while you eat your lunch, you are entitled to payment.


In terms of overtime pay, Florida does not have any laws regarding this issue. The FLSA regulates overtime pay. Not all employers are required to pay overtime. If your employer conducts business across state lines or makes $500,000 in annual sales, you are likely entitled to earn overtime.

Florida employers are not allowed to violate employment laws regarding these issues. If you remain unsure about any of these topics related to your employment, consult an employment law attorney for advice.

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