What is the minimum wage in Florida?
Florida minimum wage is set by Article X, § 24 of the Florida Constitution (added by voters via Amendment 2 in November 2020) and Fla. Stat. §§ 448.110-448.114.
1. Scheduled Increases
Amendment 2 phased in $15/hour:
2. Tipped Employee Minimum
Florida's tip credit is fixed at $3.02/hour, so tipped employees receive a cash wage of:
If cash wage + tips do not reach the standard minimum wage, the employer must make up the difference.
3. Local Preemption
Fla. Stat. § 218.077 preempts local government minimum wage ordinances. Florida cities and counties cannot set higher minimums for private employers.
4. Overtime
Florida has no state overtime law — the federal FLSA controls: 1.5x after 40 hours/week. Florida does not require daily overtime, meal breaks, or rest breaks for adult workers (children under 18 have specific break requirements under Fla. Stat. § 450.081).
5. Exemptions
Florida follows federal FLSA exemptions:
6. Enforcement
Workers may bring a private civil action under Fla. Stat. § 448.110(6), recovering unpaid wages, equal liquidated damages, attorney's fees, and costs. Workers must give 15 days' written pre-suit notice. The Attorney General may also enforce. The Florida Department of Economic Opportunity publishes the annual rate.
7. Class/Collective Actions
Florida wage cases often proceed as FLSA collective actions in federal court (29 U.S.C. § 216(b)) because the federal cause of action allows opt-in class treatment.
This is legal information, not legal advice.
- Your employer takes more than a $3.02 tip credit
- You were not paid the minimum wage and want to bring a private action
- Your employer misclassifies you as exempt or as a 1099 contractor
- Fla. Const. Art. X, § 24
- Fla. Stat. § 448.110
- Fla. Stat. § 218.077
- Fla. Stat. § 450.081
- 29 U.S.C. § 207
- 29 U.S.C. § 216(b)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.