Employment and Labor Laws

Florida

Florida Minimum Wage Laws – 2022

The current Florida minimum wage rate is $10.00. Employers are required to pay employees Florida’s minimum wage rate for every hour worked unless the employer or employee is exempt by state or federal law. Regarding the tip wage rate, Florida allows employers to pay employees who earn tips a rate that is $6.98 per hour lower than the standard minimum wage so long as the wage rate plus tips results in the employees earning standard minimum wage when combined. Additionally, Florida’s laws may allow employers, in limited situations, to pay certain employees a subminimum wage.


Minimum wage

Minimum wage until September 29, 2022

Florida’s current minimum wage is $10.00. FL Minimum Wage

Florida minimum wage laws are based on Florida’s constitution. FL Constitution, Art. X, Sec. 24; FL Statute 448.110.

In November 2020, Florida voters approved a measure allowing for incremental increases to the minimum wage.

Minimum wage rates until 2026

Beginning September 30, 2021, and until September 29, 2022, Florida’s minimum wage is $10.00 per hour.  Then, every year thereafter on September 30, the minimum wage will increase by $1.00 per hour until on September 30, 2026, the minimum wage will be $15.00 per hour.

Until 2026, the minimum wage rates will be:

  • September 30, 2022 – $11.00
  • September 30, 2023 – $12.00
  • September 30, 2024 – $13.00
  • September 30, 2025 – $14.00
  • September 30, 2026 – $15.00

Minimum wage in 2027 and after

Each year beginning in 2027, the Florida Agency for Workforce Innovation is responsible for issuing the next minimum wage by September 30 with the next minimum wage increase taking effect on January 1 of the following year. The Agency for Workforce Innovation will calculate the next minimum wage based on the rate of inflation during the twelve months prior to each September 1 using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. FL Constitution, Art. X, Sec. 24; FL Statute 448.110.

Florida and the federal minimum wage

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 $6.98. FL Minimum Wage.

Under Florida minimum wage laws, if employers choose to pay the tipped minimum wage, they must ensure that tipped employees are paid the regular minimum wage rate of $10.00 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, employers would be permitted to require or allow tipped employees to participate in tip pooling arrangements.


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 Statute 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 Statute 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 Statute 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 Statute 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 Statute 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 Statute 448.110(3).


Other State’s Minimum Wage Information

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
District of ColumbiaMaineNew HampshireRhode IslandWisconsin
FloridaMarylandNew JerseySouth CarolinaWyoming
Georgia

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