Florida Minimum Wage Law

The current Florida minimum hourly wage rate is $10.00.

Employers are required to pay employees Florida’s minimum hourly 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 of $6.98 per hour.

That said, employers can only pay lower than the standard minimum wage if the wage rate plus tips result in the tipped employee earning a standard minimum wage.

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. Florida minimum wage laws are based on Florida’s constitution. For more information, you can check out FL Statute 448.110

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

Minimum Wage Rate Information 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, by September 30, 2026, the minimum wage will be $15.00 per hour.

Until 2026, the minimum wage rates will follow the annual increases stipulated below:

  • 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. The next minimum wage increase shall take 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 12 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. To know more, see 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, Florida minimum wage laws will apply, as it generally guarantees a higher wage rate for employees than the federal law wage rate.


Minimum Wage Calculator

WAGE CALCULATOR

Hourly Wage

$

Normal Hours

This field is required

Overtime Hours

RESULTS

My Earnings:

$

Paycheck Breakdown:

hours x $ = $

hours x $ = $


Hourly Earnings:

$

Daily Earnings:

$

Weekly Earnings (40 hours)

$

Yearly Earnings (52 weeks):

$


Tip Minimum Wage

Florida’s current minimum wage for tipped employees is $6.98. FL Minimum Wage per hour.

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 by the Fair Labor Standards Act and its regulations. To know more, check 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. To know more, check 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. To know more, check FL Statute 448.110(3).


Learners

Florida has adopted the rules and requirements for paying student learners as set for in the Fair Labor Standards Act and its regulations. To know more, check 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. To know more, check 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).


Florida Minimum Wage Laws 2022 FAQs

There might be some pertinent information about wages in Florida that may not have been covered above. Below are some FAQs to help provide further guidance.

What is the 15-day period or 15-day safe harbor according to Florida labor law?

What this means is that any affected employee with unpaid minimum wages claims have the right to notify the employer of the minimum wage that needs to be claimed. 

This employee may also be called the “person aggrieved” who must file the notice within the period of time specified.

This is in line with Section 448.110 of the Fair Labor Standards Act.

How can an employee calculate his or her unpaid wages according to Florida labor law?

For employees to calculate their unpaid wages and minimum wage claim, the difference between their hourly rate should be taken from what they have been actually paid.

Then, this amount is multiplied by the total number of work hour requirement rendered.

What do Florida labor laws state about unpaid overtime hours?

For almost any individual employee, federal rates apply in Florida for federal overtime standards. After all, the state lacks its own overtime policy, for now.

Note that a non-exempt employee paid hourly has the right to overtime pay. Exemptions to the rule include white-collar employees.

 Those are all the FAQs! For other questions about employers’ compliance regarding minimum wage, it is best to seek legal advice from any tax professional or tax attorney.


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

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

We hope you find our newsletters help you better navigate employment and labor law issues.

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

We hope you find our newsletters help you better navigate employment and labor law issues.