Florida workers’ comp laws require most employers to carry workers’ compensation insurance. That means you may qualify to collect benefits for medical bills, lost wages, and temporary or permanent disability when you suffer a work-related injury, regardless of fault.
The million-dollar question is; do Florida workers’ comp benefits include money for unpaid overtime? The truth is that there’s no definite answer to this question. Your eligibility to collect compensation for lost overtime pay will depend on whether you were gaining overtime before your injury.
If you have suffered a workplace injury recently, you should speak with our Florida workers’ comp lawyers to discuss your rights, including eligibility to collect pay for lost overtime.
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Overtime laws in Florida
While the Sunshine State does not have its own overtime laws, employers and employees in Florida are still subject to the federal overtime law. In simple terms, these are some of the relevant provisions in Florida as per the Fair Labor Standards Act (FLSA):
- An employer is allowed to assign employees overtime work.
- Hours worked above 40 per week are typically considered overtime.
- Overtime is not calculated daily but weekly. That means an employee working four 10-hour days a week doesn’t qualify for overtime. The logic behind this is pretty simple; they’re still within the 40-hour maximum.
- Overtime pay is usually time and one half regular pay rate for all work hours above 40 in a regular workweek. This is simply calculated by multiplying your regular pay rate by 1.5.
- Hours off in exchange for extra hours worked, commonly known as compensatory time, is only permitted for employees working for the government.
- An employer doesn’t have to pay overtime wages for working holidays, weekends, or nights, as long as the employee does not exceed the 40 hours’ workweek.
Who is eligible to seek overtime pay in Florida
It is important to note that not all employees are entitled to earn overtime in Florida. For instance, “white-collar” employees who hold professional, managerial, and high-level administrative positions may not be entitled to earn overtime. On the other hand, non-management employees who perform clerical, secretarial, kitchen, manual labor, or repair are eligible to receive overtime pay.One of the common tricks employers use to avoid paying employees for well-earned overtime pay is misclassifying employees’ position as exempt from overtime laws. Sometimes, they may have your work off the clock just so they don’t pay for overtime. Hiring qualified Florida workers’ comp lawyers when your employer has failed to pay you for overtime can help calculate and pursue all the benefits you qualify to collect.
So, does Florida workers’ compensation pay lost overtime?
Certainly! However, it’s critical that you don’t leave out all the hours you regularly work over the 40 hours per week when filing a workers’ comp claim after a workplace injury.If your employer plans working hours in advance, you can ask for records showing your upcoming hours. This will help your employer’s insurer calculate the benefits you are eligible to collect.
Bear in mind that your occupation, duties, and wages can affect whether or not you can get overtime pay. However, your job title cannot determine your eligibility to receive overtime pay.
Contact our Florida workers’ comp lawyers for help
If you have been injured while performing your work, don’t assume you aren’t entitled to compensation. The Florida workers’ comp lawyers at Sternberg/Forsythe, P.A. are well versed in overtime law and can assist you in this type of situation.