Florida Minimum Wage Laws



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Minimum wage

Florida’s current minimum wage is $8.05. FL Minimum Wage

Florida minimum wage laws are found in Florida’s constitution and required an annual review of its minimum wage. Changes to the rate must be determined by September 30 of each year and take effect on January 1 of the following year. Any changes to Florida’s minimum wage must be based on changes in the consumer price index. FL Constitution, Art. X, Sec. 24; FL Stat. 448.110.

Florida employers must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25. See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage. In most instances in Florida, Florida minimum wage laws will apply as it generally guarantees a higher wage rate for employees than federal law.




Tip minimum wage

Florida’s current minimum wage for tipped employees is $5.03. FL Minimum Wage.

Under Florida minimum wage laws, if employers chooses to pay the tipped minimum wage, they must ensure that tipped employees are paid the regular minimum wage rate of $8.05 when the tipped wage rate is combined with tips received. FL Constitution, Art. X, Sec. 24(c) Florida has adopted the eligibility criteria from the federal Fair Labor Standards Act to determine which employees qualify to be paid the minimum tipped wage rate. FL Constitution, Art. X, Sec. 24(c)



Tip pooling and sharing

Florida minimum wage laws do not prohibit either mandatory or voluntary tip or gratuity pooling. Thus, employer would be permitted to require or allow tipped employees to participate in tip pooling arrangements.


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Subminimum wage

Employees with disabilities

Florida has adopted the rules and requirements for paying employees with disabilities as set for in the Fair Labor Standards Act and its regulations. FL Stat. 448.110(3).



Trainees

Florida has adopted the rules and requirements for paying trainees as set for in the Fair Labor Standards Act and its regulations. FL Stat. 448.110(3).



Apprentices

Florida has adopted the rules and requirements for paying apprentices as set for in the Fair Labor Standards Act and its regulations. FL Stat. 448.110(3).



Learners

Florida has adopted the rules and requirements for paying learners as set for in the Fair Labor Standards Act and its regulations. FL Stat. 448.110(3).



Student learners

Florida has adopted the rules and requirements for paying student learners as set for in the Fair Labor Standards Act and its regulations. FL Stat. 448.110(3).



Student workers

Florida has adopted the rules and requirements for paying student workers as set for in the Fair Labor Standards Act and its regulations. FL Stat. 448.110(3).