A Complete Guide to Salaried Employees in Florida

For employers in Florida, managing salaried employees comes with the benefit of predictable compensation and simplified budgeting. However, Florida’s unique regulations and expectations for salaried positions can introduce complexities that make effective management a challenge. For example, navigating the rules on salary reductions and permissible deductions can be tricky, but understanding these nuances is essential.

In this guide, we will address key questions and provide valuable insights tailored specifically for salaried employees in Florida to help employers manage the intricacies of this employment framework.

This Guide Covers

• What is a Salaried Employee in Florida?
• How Does Salary Pay Work in Florida?
• How Many Hours Do Salaried Employees Work in Florida?
• Are Salaried Employees in Florida Entitled to Overtime Pay?
• Do Salaried Employees in Florida Get Work Benefits?
• Do Salaried Employees in Florida Get Paid If They Do Not Work?
• Should You Track Salaried Employee Time in Florida?
• What’s the Difference Between Salaried and Hourly Employees in Florida?
• Which Should You Hire in Florida: Salaried or Hourly Employees?

What is a Salaried Employee in Florida?

In Florida, a salaried employee receives a fixed amount of compensation each pay period, which does not change based on the number of hours worked. Salaried employees receive their pay at scheduled periods, such as bi-weekly or monthly. Most salaried employees fall under the “exempt” category and hold executive, administrative, professional, and certain computer job duties. Florida generally follows federal Fair Labor Standards (FLSA) guidelines regarding the classification of salaried employees.

How Does Salary Pay Work in Florida?

Salary pay refers to a fixed amount of compensation that employees receive regularly, typically expressed as an annual sum but paid out in periodic installments, such as weekly, biweekly, or monthly. In Florida, the minimum salary requirements for exempt employees align with federal standards. Salaried employees who are paid at least the minimum threshold of $844 per week or $43,888 per year qualify for exempt status. Employees who earn below this threshold are classified as non-exempt and are entitled to overtime pay.

How Many Hours Do Salaried Employees Work in Florida?

The number of hours that salaried employees work in Florida can vary significantly depending on the nature of their job and the specific expectations set by their employer. The standard number of hours a salaried employee works in a workweek is 40. However, salaried employees may work more than 40 hours per week depending on the industry and role.

Are Salaried Employees in Florida Entitled to Overtime Pay?

The entitlement to overtime pay for salaried employees in Florida depends on the classification under the Fair Labor Standards Act (FLSA):

• Exempt Employees: Salaried employees are often classified as exempt from overtime pay if they meet specific criteria. To qualify as exempt, employees must earn a minimum salary and perform job duties that align with executive, administrative, professional, or outside sales roles. As of 2024, the minimum salary requirement for exemption is $844 weekly ($43,888 annually).
• Non-exempt Employees: Salaried employees who do not meet the criteria for exemption are considered non-exempt and are entitled to overtime pay. This means they should receive one and a half times their regular pay for any hours worked beyond 40 in a workweek.

Do Salaried Employees in Florida Get Work Benefits?

In Florida, salaried employees are entitled to work benefits mandated by both state and federal regulations. Some specific benefits offered can vary widely depending on the employer and the individual employment agreement. Common benefits for salaried employees include:

• Right to Minimum Wage: The Florida Minimum Wage Act sets the baseline for fair compensation in the state. Employers must pay at least $12 per hour and $18 per overtime hour.
• Anti-Discrimination: Florida law protects against employment discrimination based on protected characteristics such as race, color, national origin, sex, pregnancy, religion, disability, and age.
• Equal Pay: Florida requires gender pay equity for comparable work. Employers with two or more employees must provide equal pay for jobs requiring similar skills, effort, duties, and responsibilities. While exceptions for seniority, merit, and productivity are allowed, the focus is on ensuring fair compensation for all.
• Retaliation Protection: Florida law prohibits retaliation against employees who exercise their rights under employment regulations. This includes protection for employees who report discrimination, harassment, or violations of labor laws, as well as those who participate in investigations or legal proceedings related to employment issues.
• Health Care Continuation: According to the Florida Health Insurance Coverage Continuation Act, organizations with fewer than 20 employees must offer continued health coverage for up to 18 months, ensuring employees retain access to essential medical services during transitions.
• Workes’ Compensation Insurance: Florida requires businesses with four or more employees to have workers’ compensation insurance. This coverage ensures that employees receive necessary medical care and financial support for job-related injuries or illnesses, while also protecting employers.
• Leave Requirements: Florida law mandates various types of leave, including domestic violence leave, witness leave, military leave, jury duty leave, and Civil Air Patrol leave. These provisions ensure employees can meet personal and civic obligations without facing negative consequences, supporting a resilient and responsible workforce.

Specific benefits that employers can offer at their discretion include paid time off (PTO), sick leave, break entitlement, disability insurance, and retirement plans. These benefits are not mandated by law but can be part of the employer’s overall compensation package.

Do Salaried Employees in Florida Get Paid If They Do Not Work?

Salaried employees in Florida get paid when they do not work depends on various factors, including the nature of their absence and their employment agreement.

Under the FLSA considerations, employers are prohibited from deducting pay for half-day absences. Employees should receive their full day’s pay even if they take a half-day off. Employers can make deductions from salaried employees’ pay for unpaid disciplinary suspensions, excessive use of benefit days, and personal leave.

In addition, employers may have their own policies about absences and pay. If vacation, paid time off (PTO), and sick leave are provided, salaried employees may receive payment if they have accrued these benefits according to their employee’s policy.

Learn more about Florida Leave Laws in our detailed guide.

Should You Track Salaried Employee Time in Florida?

Some employers may think time tracking salaried employees is unnecessary due to their fixed salary. However, time tracking for salaried employees is as valuable as tracking hourly employees. Tracking time can help employers understand how long various tasks and projects last and provide insights into employee productivity. Employers must also track the hours worked by non-exempt employees to ensure compliance with overtime laws.

In addition, time tracking can help employers in legal disputes or audits. A dedicated time tracking software can provide detailed records of hours worked, demonstrating compliance with labor laws and protecting against potential claims.

What’s the Difference Between Salaried and Hourly Employees in Florida?

In Florida, the distinction between salaried and hourly employees revolves around how they are compensated and their eligibility for overtime pay.

If you want to know more about the entitlements of employees in Florida, you can read our guides on Your Rights as a Salaried Employee in Florida and Your Rights as an Hourly Employee in Florida.

Which Should You Hire in Florida: Salaried or Hourly Employees?

The decision to hire salaried or hourly employees in Florida depends on the nature of the job, the needs of your business, and financial considerations. Salaried employees are suitable for higher-responsibility positions with flexible work hours, while hourly employees are ideal for defined, scheduled tasks.

Consider hiring a salaried employee if:

• The role requires a higher level of responsibility and expertise.
• The role requires consistent, steady work hours, and job duties are not easily broken down into hourly tasks.
• The goal is to promote long-term employee retention. The offered position comes with a comprehensive benefits package that includes insurance, retirement plans, and paid time off.

Consider hiring an hourly employee if:

• The roles have clearly defined tasks and predictable work schedules.
• The job involves part-time or shift-based work.
• The work hours fluctuate significantly.
• The company’s labor costs must be managed, and fewer offered benefits are acceptable.

Learn more about Florida Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.