On February 28, 2025, the US Department of Labor (DOL) appealed a December 2024 Texas federal trial court's decision that blocked a Biden-era overtime rule promulgated by the DOL.
The minimum salary required for the exemptions from overtime under federal law was set to increase from $844 per week to $1,128 per week on January 1, 2025.
The statute of limitations for any wage violations related to Florida's Minimum Wage Act is four years. However, if your employer willfully violated the Minimum Wage Act, the statute of limitations increases to five years.
How should an unpaid wage demand be made? Your unpaid wages demand letter needs to be sent by certified mail. By doing this, the receipt will be required to be signed by your employer before it is delivered back to you. This receipt may be kept as proof.
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
Florida labor laws on Overtime give employers the right to terminate an employee's contract if they refuse to work Overtime. The employer in the state generally has the right to enforce their work schedule, which can include mandatory Overtime. There is no protection for employees who refuse overtime work.
Depending on the amount you are owed, you can bring a claim for unpaid wages in Florida in small claims court ($8,000 or less, excluding costs, interest, and attorneys' fees), or in county or circuit court. If you are successful on your claims and have an attorney, your attorney's fees may be recoverable.
Start with a polite greeting and ask if they are open to you working overtime, rather than just telling them you need to. Briefly explain the reason for the overtime request so they understand the context. Acknowledge that it may require flexibility on your part and express willingness to discuss scheduling.