Minimum Wage $14.00 / HR
Florida’s current minimum wage is $14.00 per hour through September 29, 2026. On September 30, 2026, it rises to $15.00 per hour. Because Florida’s rate is higher than the federal minimum wage, most covered Florida employees must be paid the Florida rate for all hours worked in the state.
Florida’s minimum wage law applies to workers who are entitled to receive the federal minimum wage under the FLSA. Employers cannot avoid the state rate by using the lower federal minimum wage when Florida law provides the higher protection.
Tipped Employees $10.98 CASH WAGE
Florida allows a tip credit, but tipped employees still must receive the full Florida minimum wage when their cash wage and tips are combined. Through September 29, 2026, the required direct cash wage for tipped employees is $10.98 per hour.
On September 30, 2026, when Florida’s regular minimum wage reaches $15.00 per hour, the tipped cash wage is expected to rise to $11.98 per hour. When tips do not bring the worker up to the full minimum wage, the employer must make up the difference.
Overtime Laws 1.5X RATE
Florida does not have a separate daily overtime rule. Most Florida overtime claims are handled under the federal FLSA, which requires covered non-exempt employees to receive one and one-half times their regular rate for hours worked over 40 in a workweek.
At the current $14.00 minimum wage, overtime at the minimum rate is $21.00 per hour. Once the minimum wage increases to $15.00 on September 30, 2026, overtime at the minimum rate becomes $22.50 per hour.
Overtime is calculated by workweek, not by pay period. An employer cannot average a 30-hour week and a 50-hour week to avoid paying overtime for the 50-hour week.
Meal & Rest Breaks MINOR BREAKS
Florida generally does not require meal or rest breaks for adult employees. When an employer does provide short breaks of about 20 minutes or less, federal wage rules generally treat that time as paid work time.
Florida does have child labor break protections. Minors 15 years old or younger generally cannot work more than four continuous hours without a meal period of at least 30 minutes. Minors 16 and 17 who are scheduled to work eight hours or more in a day also cannot work more than four continuous hours without at least a 30-minute meal period.
A meal period is usually unpaid only when the worker is fully relieved of duties. A worker who has to answer phones, monitor equipment, help customers, stay on call, or keep working through lunch may still be on paid time.
Filing a Wage Claim 2-5 YEARS
Florida workers may have more than one possible claim. FLSA overtime and federal minimum wage claims usually reach back two years, or three years for willful violations. Florida minimum wage claims can have a longer window: four years, or five years for willful violations.
Florida minimum wage claims also have a notice requirement. Before filing a lawsuit under Florida’s minimum wage statute, the worker must give written notice to the employer identifying the wages claimed, the work dates and hours involved, and the amount allegedly owed. The employer then has 15 calendar days to pay or resolve the claim.
A successful Florida minimum wage claim can recover unpaid wages, an equal amount as liquidated damages unless the employer proves a good-faith defense, and reasonable attorney’s fees and costs.
Wage Theft & Final Paychecks UNPAID WAGES
Florida does not give most private-sector employees a special final paycheck deadline like some states do. That does not mean an employer can keep earned wages. Unpaid hourly wages, salary, commissions, overtime, and promised pay may still be recoverable through wage claims, contract claims, or FLSA claims depending on the facts.
Wage theft can include off-the-clock work, illegal tip practices, unpaid overtime, automatic meal deductions, altered time records, withheld commissions, unpaid final wages, or deductions that bring pay below the required minimum wage.
Florida law allows courts to award costs and reasonable attorney’s fees to a prevailing party in an action for unpaid wages.
Employee Misclassification COMMON VIOLATION
Some Florida employers label workers as independent contractors or exempt salaried employees to avoid overtime. A job title, 1099 form, or salary label does not decide whether overtime is owed.
For overtime exemptions, the actual job duties matter. A worker called a manager may still be owed overtime when they do not have the level of authority required for an exemption. A worker labeled as an independent contractor may still be an employee when the company controls the work in practice.
Misclassification can lead to unpaid overtime, minimum wage violations, illegal deductions, and missing payroll records.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
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