Under Florida’s state minimum wage law, the minimum wage is linked to the Consumer Price Index (CPI), allowing the rate to rise along with inflation. The current minimum wage rate in Florida is currently set to $12 per hour, but after voters approved a state constitutional amendment in 2020, the minimum wage rate will increase every year until it reaches $15 per hour by 2026.
As of September 30, 2023, the new hourly minimum wage rate in Florida is $12 per hour. The minimum wage is applicable to most employees in the state of Florida, however, there are limited exceptions that apply to tipped employees and some student workers.
Prior to 2020, the last change to Florida’s minimum wage was in 2008. In November 2020, Florida voters approved a state constitutional amendment that gradually raises the state’s minimum wage each year until it reaches $15 per hour in 2026. Once the minimum wage rate reaches $15, it will then be adjusted annually for inflation.
The next increase to the state minimum wage is set for September 30, 2024, and will increase the minimum wage rate to $13 per hour.
| EFFECTIVE DATE | FLORIDA MINIMUM WAGE |
| September 30, 2020 | $8.56 |
| September 30, 2021 |
|
| September 30, 2022 |
|
| September 30, 2023 | $12.00 |
| September 30, 2024 |
|
| September 30, 2025 | $14.00 |
| September 30, 2026 | $15.00 |
Looking for minimum wage rates by state? Click here to view the minimum wage chart by state.
There are a few exceptions in which employers may pay their workers a special minimum wage.
Exceptions may apply to the following:
Under the Fair Labor Standards Act (FLSA), employers of businesses with tipped employees who meet certain eligibility requirements for the tip credit may credit towards satisfaction of the minimum wage tips up to the amount of allowable FLSA tip credit of 2003. In this case, the employer must pay tipped employees a direct wage.
If an employer is to pay tipped employees a direct wage, the direct wage is calculated as equal to the current minimum wage of $12.00 minus the 2003 tip credit of $3.02. Or, as of 2023, the employer may pay their employees a direct hourly wage rate of $8.98.
The state of Florida recognizes the federal overtime regulations set forth by the FLSA. If an employee works more than 40 hours in an average seven-day workweek, the employee is to receive an overtime rate of 1.5 of the employee's regular hourly rate.
Despite the Florida state minimum wage being set to $12 per hour, there are circumstances in which certain exemptions and special cases apply.
Exemptions and special rules may apply to the following:
Florida does not require employers to give specific meal or rest breaks to adult employees, however, employers have to adhere to federal guidelines regarding meal and rest breaks. For every 5 hours worked, an employee must receive a 30-minute break.
Employers must also grant their employees a 10-minute rest break for every 4 hours worked. Rest breaks are mandatory for all non-exempt employees and must be paid by the employer.
For compliance with Florida labor laws, employers must visibly display the Florida minimum wage in a conspicuous location that all employees have access to in the workplace. The state makes available a Florida Minimum Wage Notice that can be used. However, it's typical this is done through an all-in-one Florida Labor Law Poster to cover all the required state and federal labor law postings.
Note that each time minimum wage is updated, the labor law poster must be replaced in the workplace. A labor law poster subscription service will automatically provide updated mandatory notices that need to be posted for employees as additional changes take place with Florida's state or local laws.
If an employee has not received the lawful minimum wage, the employer must be notified by the employee of the claim. After giving the employer 15 days to resolve the issue of unpaid wages, an employee can bring a civil action lawsuit against the employer.
If an employer is found liable for violating Florida minimum wage requirements, they may receive a fine of $1,000 per violation, payable to the state. That is in addition to any legal fees and payment to employees of unpaid wages.
Businesses struggling to maintain minimum wage compliance or manage payroll may want to consider outsourcing payroll to a Florida payroll services company. Areas for additional knowledge and learning include the basics of payroll and what to know about modern payroll software.
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