Can Tipped Employees Get Overtime Pay in Florida?
Many industries in Florida rely heavily on the contributions of tipped workers. You may be wondering: Can a worker get overtime wages if they are tipped? The answer is a clear “yes”—unless an exemption applies, tipped workers must be paid overtime wages (time and a half) for overtime hours in Florida. In this article, you will find a more detailed explanation of the rules for tipped workers and overtime in Florida.
The FLSA Requires Overtime Pay for Non-Exempt Employees Who Work More than 40 Hours
The federal Fair Labor Standards Act (FLSA) regulates overtime pay in Florida. Under the FLSA, non-exempt employees who work more than 40 hours in a workweek are entitled to overtime pay. The entitlement to overtime pay is not directly related to whether an employee receives tips. Tipped employees—such as waitstaff, bartenders, and others who customarily receive more than $30 a month in tips—are also covered under this law. They cannot be exempt from overtime regulations merely because they earn tips.
How Overtime Pay for Tipped Workers is Calculated in Florida (Common Questions)
Most employers and employees have a general understanding that overtime pay is time and a half. For a regular hourly employee, that calculation can be relatively straightforward. Imagine a line cook makes $20.00 per hour. They work 45 hours in a specific week. Those first 40 hours are compensated at the straight-time rate of $20.00 per each hour. The additional five hours are calculated at the overtime rate of 1.5x or $30.00. Total wages earned for the week are $950.00.
In Florida, the calculation of overtime pay for tipped employees is more complicated. The FLSA permits employers to take a “tip credit”—which allows them to pay tipped employees less than the standard minimum wage per hour, as long as the employees earn enough in tips to make up the difference. However, for overtime, the calculation must be based on the full minimum wage, not the lower tip credit wage payment. Florida minimum wage is $13.00 per hour for non-tipped employees as of September 30th, 2024. The minimum overtime pay for tipped workers is $19.00 per hour.
Employers Can Be Held Liable for Unpaid Overtime
If an employer fails to properly compensate tipped employees for overtime hours worked, they can be held liable for the unpaid overtime. Indeed, tipped workers in Florida have the right to file a claim against their employer for these wages. Beyond, if found in violation, employers might not only have to pay the back wages owed but could also be subject to additional penalties. It is crucial that all employers in Florida comply with the overtime requirements of the FLSA.
Get Help From a Wage and Hour Lawyer in Florida
Wage and hour cases are complicated—especially so for tipped employee cases. If you have any questions or concerns about overtime as a tipped employee, professional support is available. Contact a Florida employment law attorney today for a confidential initial consultation.
