Florida Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 2, 2026
Last Reviewed: February 2, 2026
Applicable Period: 2026
Jurisdiction: State of Florida, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Florida Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in Florida
- Current Minimum Wage Rates in Florida 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in Florida
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- Florida Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in Florida establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, Florida will reach a minimum wage of $15.00 per hour effective September 30, 2026, with specific provisions for tipped employees. Florida law prohibits local jurisdictions from establishing minimum wages above the state rate.
Minimum wage regulations in Florida operate under Article X, Section 24 of the Florida Constitution and Florida Statutes § 448.110 alongside federal requirements established by the Fair Labor Standards Act (FLSA). When state or local minimum wage rates exceed the federal standard, employers must comply with the higher applicable rate. Florida allows tip credits, and state law preempts local jurisdictions from enacting higher minimum wage ordinances.
This page provides an authoritative overview of Florida minimum wage law for 2026, including current rates, scheduled increases, tipped employee provisions, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| Florida Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage (current) | $14.00/hour | September 30, 2025 | FL Constitution Art. X, § 24 |
| Tipped minimum wage (current) | $10.98/hour | September 30, 2025 | FL Constitution Art. X, § 24 |
| Tip credit allowed | Yes ($3.02/hour) | — | FL Constitution Art. X, § 24 |
| Next scheduled increase | $15.00/hour | September 30, 2026 | FL Constitution Art. X, § 24 |
| Rate adjustment mechanism | Scheduled through 2026, then CPI-indexed | — | FL Constitution Art. X, § 24 |
| Federal minimum wage | $7.25/hour | Ongoing | U.S. DOL |
| Local minimum wages | Prohibited | — | FL Statutes § 218.077 |
Last verified: February 2, 2026 via Florida Department of Commerce
Overview of Minimum Wage Law in Florida
Legal Authority
Florida minimum wage requirements are established under Article X, Section 24 of the Florida Constitution, originally enacted by voter initiative in 2004 and substantially amended by Amendment 2 in 2020. The Florida Department of Commerce (formerly the Department of Economic Opportunity) administers and enforces minimum wage regulations in Florida under Florida Statutes § 448.110, known as the Florida Minimum Wage Act.
The constitutional amendment establishing Florida’s minimum wage was approved by voters on November 2, 2004, making Florida one of the states with constitutionally protected wage floors. Amendment 2, passed on November 3, 2020, established a schedule of annual increases culminating in a $15.00 per hour minimum wage by September 30, 2026.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. Florida law operates independently of federal minimum wage standards through constitutional provisions. When both state and federal minimum wage laws apply, employers must pay whichever rate is higher.
Because Florida’s minimum wage of $14.00 (as of September 30, 2025) exceeds the federal minimum, most covered employers must comply with the state rate. After reaching $15.00 per hour on September 30, 2026, Florida’s rate will continue to exceed the federal standard unless Congress raises the federal minimum wage.
Coverage Scope
Florida minimum wage law applies to all employees entitled to receive the federal minimum wage under the Fair Labor Standards Act and its implementing regulations. This means coverage extends broadly to most private sector and public sector workers in Florida. Employers subject to the FLSA must also comply with Florida’s higher minimum wage rate.
The Florida Constitution explicitly incorporates federal FLSA definitions of “employer,” “employee,” and “wage,” ensuring consistency between state and federal coverage standards. Exemptions under FLSA sections 213 and 214, as interpreted by federal regulations, also apply to Florida’s state minimum wage.
Higher Rate Principle
The principle of “higher prevailing rate” requires employers to pay the highest applicable minimum wage—whether federal, state, or local. In Florida, this means employers must identify and apply whichever minimum wage rate provides employees the highest hourly compensation. Because Florida law preempts local minimum wage ordinances, employers in Florida generally need only compare the state rate of $14.00 per hour against the federal rate of $7.25 per hour, making the state rate the applicable standard.
State Preemption of Local Minimum Wages
Florida Statutes § 218.077 prohibits counties and municipalities from establishing minimum wages that differ from the state minimum wage. This preemption statute has been upheld by Florida courts, including a 2017 Third District Court of Appeal decision that invalidated Miami Beach’s attempt to establish a local minimum wage ordinance. The Florida Supreme Court declined to overturn this decision, leaving the statewide uniform rate as the controlling standard throughout Florida.
Current Minimum Wage Rates in Florida 2026
Standard Hourly Minimum Wage
As of September 30, 2025, the standard minimum wage in Florida is $14.00 per hour for covered non-tipped employees. This rate applies to all non-exempt employees working in Florida, regardless of employer size. The rate represents the penultimate step in Florida’s voter-approved schedule of minimum wage increases under Amendment 2.
Florida’s minimum wage increases annually on September 30, not January 1 as in many other states. This September 30 effective date is established in Article X, Section 24 of the Florida Constitution. The current $14.00 rate took effect on September 30, 2025, representing a $1.00 increase from the previous year’s rate of $13.00.
| Scheduled Minimum Wage Increases | ||
|---|---|---|
| Florida has enacted the following minimum wage increases under Amendment 2, approved by voters in 2020: | ||
| Effective Date | Standard Rate | Tipped Employee Cash Wage |
| September 30, 2021 | $10.00 | $6.98 |
| September 30, 2022 | $11.00 | $7.98 |
| September 30, 2023 | $12.00 | $8.98 |
| September 30, 2024 | $13.00 | $9.98 |
| September 30, 2025 | $14.00 | $10.98 |
| September 30, 2026 | $15.00 | $11.98 |
These scheduled increases were established under Amendment 2 to the Florida Constitution. Beginning in 2027, Florida’s minimum wage will adjust annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the South Region, calculated each September 30 and taking effect on January 1 of the following year.
Post-2026 Inflation Adjustments
Beginning on September 30, 2027, and annually thereafter, the Florida Department of Commerce will calculate an adjusted minimum wage rate by increasing the minimum wage by the rate of inflation for the 12 months prior to September 1. The Department uses the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for the South Region as calculated by the United States Department of Labor.
Each adjusted minimum wage rate calculated after 2026 will be published and take effect on January 1 (not September 30) of the following year. This represents a return to the inflation-adjustment system that was in place from 2005 to 2020, before the scheduled increases of Amendment 2 began.
The Department of Commerce and Department of Revenue publish the adjusted minimum wage rate and effective date on their websites by October 15 each year. The Department of Commerce also provides written notice to all employers registered in the reemployment assistance database by November 15 of each year.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
Florida permits employers to pay tipped employees a reduced cash wage, provided that employee tips combined with the cash wage equal at least the full minimum wage.
Cash wage requirement (current): $10.98 per hour
Maximum tip credit: $3.02 per hour
Total minimum compensation: $14.00 per hour (cash wage + tips)
Cash wage requirement (Sept. 30, 2026): $11.98 per hour
Maximum tip credit: $3.02 per hour (unchanged)
Total minimum compensation: $15.00 per hour (cash wage + tips)
The tip credit in Florida is fixed at the amount of the allowable FLSA tip credit in 2003, which was $3.02 per hour. This means that unlike the federal tip credit (currently $5.12), Florida’s tip credit does not change when the minimum wage increases. As the minimum wage rises, tipped employees’ cash wage requirement rises proportionally while the tip credit remains constant at $3.02.
Who Qualifies as a Tipped Employee
Under Florida law, a “tipped employee” is defined by reference to the federal Fair Labor Standards Act. This generally means an employee who customarily and regularly receives more than $30 per month in tips. Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel and casino service workers
- Parking attendants and valets
- Delivery drivers who receive tips
- Barbers and hairstylists
- Tour guides and hospitality workers
- Other service occupations where tipping is customary
The federal FLSA standards for determining tipped employee status apply in Florida through the constitutional incorporation of FLSA definitions.
Employer Obligations for Tipped Workers
Employers who claim a tip credit must:
- Inform employees in writing of the tip credit provisions before claiming the credit. Employees must be notified of the cash wage to be paid, the additional amount claimed as a tip credit, that tips are the employee’s property, and that the tip credit cannot exceed tips actually received.
- Ensure total compensation (cash wage plus tips) equals or exceeds the full minimum wage for all hours worked. Employers must track tips to verify compliance.
- Pay the difference if an employee’s tips fail to bring total compensation to the minimum wage. Employers cannot rely on tips alone to meet minimum wage obligations.
- Maintain accurate records of employee tips and hours worked, including tip declarations and tip credit calculations.
- Comply with posting requirements by displaying the official Florida minimum wage notice that includes tipped employee rate information.
Tip Pooling and Sharing
Florida incorporates federal FLSA standards on tip pooling and sharing. Under these standards:
Permitted tip pooling: Employers may implement valid tip pooling arrangements where tipped employees contribute a portion of their tips to a pool that is distributed among eligible employees.
Eligible participants: Only employees who customarily and regularly receive tips may participate in tip pools. This typically includes servers, bartenders, bussers, food runners, and similar positions.
Prohibited participants: Employers, managers, and supervisors cannot participate in tip pools or retain any portion of employee tips, regardless of whether they provide direct service to customers.
Mandatory service charges: Service charges added to customer bills by the employer (such as automatic gratuities for large parties) are not considered tips under Florida law. These service charges belong to the employer unless the employer voluntarily distributes them to employees.
Credit card processing fees: Employers may deduct credit card processing fees from tips paid by credit card, but only if the deduction is proportional and does not reduce the employee’s total compensation below the required minimum wage.
Local Minimum Wage Ordinances in Florida
Florida law prohibits cities and counties from enacting their own minimum wage rates that differ from the state minimum wage. All employers in Florida must comply with the uniform statewide rate of $14.00 per hour (as of September 30, 2025).
State Preemption of Local Wages
Under Florida Statutes § 218.077, Florida has preempted local regulation of minimum wage, preventing municipalities from establishing higher rates or imposing additional wage requirements beyond state law. This preemption statute was enacted in 2003 and remains in effect.
The Florida Constitution’s minimum wage amendment (Article X, Section 24) states that it “shall not be construed to preempt or otherwise limit the authority of the state legislature or any other public body to adopt or enforce any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits.” However, Florida courts have interpreted this provision in conjunction with the state’s preemption statute to conclude that local governments lack authority to establish minimum wages above the state rate.
Miami Beach Legal Challenge
In 2016, the City of Miami Beach enacted a local minimum wage ordinance establishing rates higher than the state minimum wage. The city argued that the 2004 constitutional amendment authorizing “any other public body” to provide for higher wages permitted local minimum wage ordinances.
In 2017, Florida’s Third District Court of Appeal ruled that Miami Beach violated Florida law by enacting the local ordinance. The court held that Florida Statutes § 218.077 preempts local minimum wage ordinances and that the 2004 constitutional amendment did not nullify this preemption statute. The Florida Supreme Court accepted jurisdiction over the case in 2018 but subsequently discharged jurisdiction in 2019, leaving the Third District’s decision intact.
As a result of this legal precedent, no cities or counties in Florida have successfully established minimum wage rates exceeding the state minimum wage. The $14.00 statewide rate applies uniformly across all jurisdictions, from rural counties to major metropolitan areas like Miami-Dade, Broward, and Palm Beach counties.
Application Across Florida
Because Florida maintains a uniform statewide minimum wage with no local variations:
- Employers operate under consistent standards regardless of county or city location
- No geographic wage differentials exist based on cost of living or regional economic conditions
- Workers receive the same minimum wage whether employed in Miami, Jacksonville, Tampa, Orlando, or rural communities
- Compliance is simplified as employers need only track state-level rate changes
While some states allow local minimum wages to address regional cost-of-living differences, Florida’s approach prioritizes statewide uniformity over local flexibility.
Who Is Covered and Who Is Exempt
Employees Covered by Florida Minimum Wage
Florida minimum wage law covers all employees entitled to receive the federal minimum wage under the Fair Labor Standards Act and its implementing regulations. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of private businesses engaged in interstate commerce or with annual gross sales of $500,000 or more
- Public sector employees: State, county, and municipal government employees
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for executive, administrative, or professional exemptions
- Hourly employees: Workers compensated on an hourly basis for all hours worked
- Temporary and seasonal workers: Short-term employees hired for seasonal or temporary positions
- Minor employees: Workers under age 18, who are covered at the same rate as adult employees
Florida does not establish employer size thresholds different from federal FLSA coverage. All employers covered by FLSA must also comply with Florida’s higher minimum wage.
Exemptions from Minimum Wage Requirements
The following categories of employees may be exempt from Florida minimum wage requirements under federal FLSA standards incorporated into Florida law:
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties may be exempt if they meet both salary and duties tests established under federal regulations. For 2026, the federal salary threshold for exempt status is $684 per week ($35,568 annually). Employees must also satisfy specific duties tests related to management responsibilities, discretion, or specialized knowledge.
Outside Sales Employees
Employees whose primary duty is making sales away from the employer’s place of business and who are customarily and regularly engaged away from the employer’s business location are exempt from minimum wage requirements under FLSA Section 213(a)(1).
Agricultural Workers
Agricultural employees may be exempt from minimum wage requirements depending on the nature and size of the farming operation. FLSA exemptions for small farms and certain agricultural employees apply in Florida through the constitutional incorporation of federal standards.
Computer Professionals
Highly skilled computer employees performing specific duties (systems analysis, programming, software engineering) may be exempt if paid on a salary or fee basis of at least $684 per week or on an hourly basis of at least $27.63 per hour, and if they meet the duties test.
Workers with Disabilities
Under FLSA Section 214(c), incorporated into Florida law by constitutional reference, employers may obtain special certificates from the U.S. Department of Labor allowing payment of subminimum wages to workers whose productive capacity is impaired by physical or mental disabilities. These certificates are subject to strict federal standards and regular review.
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, Florida applies federal FLSA economic reality tests to determine independent contractor status. Misclassification of employees as independent contractors may result in penalties and liability for back wages.
Certain Student Workers
FLSA Section 214 permits employment of full-time students at 85% of the minimum wage ($11.90 per hour in 2026) under student-learner certificates issued by the U.S. Department of Labor. These certificates are limited to specific vocational education programs and subject to hours restrictions.
No Small Employer Exemption
Unlike some states, Florida does not provide exemptions from state minimum wage requirements based on employer size or annual gross sales. All employers in Florida, regardless of size, must pay the state minimum wage if their employees are covered by the FLSA. Even businesses with one or two employees must comply with the $14.00 hourly rate if they meet FLSA coverage standards.
However, employers not covered by FLSA (generally very small businesses with minimal interstate commerce and less than $500,000 in annual sales) are not required to pay the state minimum wage. For these limited cases, no minimum wage requirement applies under Florida law, though voluntary compliance with prevailing wage standards is encouraged.
Employer Obligations and Enforcement
Employer Compliance Requirements
Employers subject to Florida minimum wage law must:
- Pay the applicable minimum wage of $14.00 per hour (as of September 30, 2025) for all hours worked by covered employees
- Maintain accurate payroll records documenting hours worked and wages paid, including:
- Employee names, addresses, and Social Security numbers
- Hours worked each workday and workweek
- Wage rates and total wages paid each pay period
- Deductions from wages
- For tipped employees: tip declarations and tip credit calculations
- Display required posters informing employees of minimum wage rates. The official Florida minimum wage poster must be displayed in a conspicuous and accessible place in each establishment where employees work.
- Issue compliant wage statements showing gross wages, deductions, and net pay for each pay period
- Provide written notice to tipped employees of tip credit provisions, including the cash wage paid, the amount claimed as tip credit, and that tips are the employee’s property
- Retain payroll records for at least three years from the date of the last entry
Enforcement Agency and Process
The Florida Department of Commerce is designated as the state agency responsible for implementing Florida’s constitutional minimum wage provisions. However, the Florida Constitution and implementing statutes provide that the Department’s authority is limited to calculating and publishing adjusted minimum wage rates.
Unlike many states, Florida does not provide an administrative enforcement mechanism through the Department of Commerce. Instead, enforcement occurs primarily through:
Private Civil Actions: Employees may bring civil lawsuits in Florida courts to recover unpaid minimum wages. This is the primary enforcement mechanism under Florida law.
Attorney General Enforcement: The Florida Attorney General may bring civil actions to enforce minimum wage requirements and seek injunctive relief and penalties for willful violations.
Pre-Suit Notice Requirement: Before filing a civil action for unpaid minimum wages, employees must provide written notice to the employer identifying:
- The minimum wage to which the employee claims entitlement
- The actual or estimated work dates and hours for which payment is sought
- The total amount of alleged unpaid wages through the date of the notice
Employers have 15 calendar days after receipt of the notice to pay the total amount of unpaid wages or otherwise resolve the claim. If the employer fails to resolve the claim, the employee may proceed with a civil action.
Filing a Complaint
Employees who believe they have not been paid proper minimum wage should:
- Document the violation: Keep records of hours worked, wages paid, and any communications with the employer about wages.
- Provide written notice: Send a written notice to the employer as required by Florida Statutes § 448.110, identifying the claim and allowing 15 days for resolution.
- Consult an attorney: If the employer does not resolve the claim within 15 days, consult with an employment attorney about filing a civil action.
- Consider federal options: Employees may also file complaints with the U.S. Department of Labor’s Wage and Hour Division for FLSA violations. Federal complaints can be filed online at www.dol.gov/whd or by phone at 1-866-4US-WAGE (1-866-487-9243).
Florida law prohibits retaliation against employees who file wage complaints, inform others of their rights, or cooperate with investigations. Retaliation may include termination, demotion, reduction in hours, or other adverse employment actions.
Penalties and Remedies
Employers who violate Florida minimum wage law may be subject to:
Back Wages: Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked, typically going back up to four years from the date of complaint (five years for willful violations).
Liquidated Damages: Florida law authorizes liquidated damages equal to the amount of unpaid wages. This means employees may recover double the unpaid wages (the wages themselves plus an equal amount as liquidated damages). However, if the employer proves by a preponderance of the evidence that the violation was in good faith and the employer had reasonable grounds for believing the act was not a violation, the court may reduce or eliminate liquidated damages.
Attorney Fees and Costs: Employees who prevail in minimum wage actions are awarded reasonable attorney fees and costs of litigation. This provision enables employees to obtain legal representation on contingency arrangements.
Civil Penalties for Willful Violations: Employers found liable for willfully violating Florida’s minimum wage may be subject to a fine of $1,000 per violation, payable to the state. The Attorney General may seek these fines in enforcement actions.
Injunctive Relief: Courts may order injunctive relief to remedy violations, including reinstatement of terminated employees and orders requiring future compliance.
Interest: Unpaid wages accrue interest from the date wages were due until paid.
Statute of Limitations
Actions to enforce Florida’s minimum wage must be filed within four years of the alleged violation. For willful violations, the statute of limitations extends to five years. These time periods are specified in Article X, Section 24 of the Florida Constitution and Florida Statutes § 448.110.
The statute of limitations is tolled (paused) during the 15-day period after the employee provides pre-suit written notice to the employer, allowing the employer time to resolve the claim before litigation begins.
Class Actions
Florida law expressly permits minimum wage claims to be brought as class actions under Rule 1.220 of the Florida Rules of Civil Procedure. However, in any class action, plaintiffs must prove by a preponderance of the evidence the individual identity of each class member and the individual damages of each class member. This requirement prevents purely statistical or representative proof of damages in wage class actions.
Florida Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers with at least $500,000 in annual gross sales or engaged in interstate commerce, as well as to certain individual employees engaged in interstate commerce.
The federal minimum wage applies in all states and serves as a baseline protection for covered workers. However, when a state establishes a higher minimum wage, as Florida has done, the state rate supersedes the federal rate for employees working in that state.
When State Law Applies
Because Florida’s minimum wage of $14.00 (as of September 30, 2025) exceeds the federal minimum, most employees working in Florida are entitled to the higher state rate. The federal minimum serves as a fallback only for the limited category of employers and employees who may be covered by federal law but not covered under Florida’s constitutional minimum wage provisions.
In practice, nearly all employees working in Florida who are entitled to minimum wage protection receive the Florida rate rather than the federal rate. This includes employees of national employers operating in multiple states—those employers must pay Florida’s rate for hours worked in Florida, even if they pay the federal rate in other states with no state minimum wage.
When Florida’s minimum wage increases to $15.00 per hour on September 30, 2026, the difference between Florida’s rate and the federal rate will be even more pronounced—$7.75 per hour higher than the federal standard.
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal, state, or local—provides employees the highest hourly wage. This rule ensures workers receive maximum protection under applicable law.
Practical Application:
- Identify the federal minimum wage ($7.25/hour)
- Identify the Florida minimum wage ($14.00/hour currently, $15.00/hour on Sept. 30, 2026)
- Determine which rates cover the specific employer and employee
- Pay the highest applicable rate
In Florida, this almost always means paying the state minimum wage, as it exceeds the federal rate. Because Florida prohibits local minimum wage ordinances, there are no local rates to compare—only the state and federal rates.
Coverage Differences
While Florida’s minimum wage generally exceeds the federal rate, coverage under state and federal law is not identical:
- Florida minimum wage coverage: Only employees entitled to receive the federal minimum wage under FLSA are eligible for Florida’s state minimum wage. This means Florida’s constitutional provisions incorporate FLSA coverage standards.
- Federal FLSA coverage: Applies to enterprises with annual gross sales of $500,000 or more, or to individual employees engaged in interstate commerce, plus certain specific categories (hospitals, schools, government agencies).
- Practical result: Most employees covered by FLSA are also covered by Florida’s minimum wage. Very small employers not covered by FLSA (typically those with minimal interstate commerce and less than $500,000 in annual sales) may not be required to pay any minimum wage under Florida law.
Tip Credit Differences
Florida’s tip credit provisions differ from federal law:
- Federal tip credit: Under FLSA, employers may claim a tip credit of up to $5.12 per hour (the difference between $7.25 and $2.13), paying tipped employees a cash wage of $2.13 per hour.
- Florida tip credit: Fixed at $3.02 per hour (the allowable FLSA tip credit in 2003), requiring a cash wage of $10.98 per hour currently ($11.98 per hour on Sept. 30, 2026).
- Practical result: Tipped employees in Florida receive significantly higher cash wages than the federal standard, and the gap widens as Florida’s minimum wage increases while the tip credit remains constant.
Minimum Wage Posting Requirements
Florida law requires employers to display an official minimum wage notice in a conspicuous location accessible to all employees. The poster must include current wage rates, employee rights, and contact information for filing complaints.
Poster Content and Format
The Florida Department of Commerce creates and publishes an official minimum wage poster each year by December 1. The poster includes:
- Current Florida minimum wage rate for non-tipped employees
- Current cash wage requirement for tipped employees
- Effective dates of the current rates
- Statement of employee rights
- Information about filing complaints
- Anti-retaliation protections
The poster must be at least 8.5 inches by 11 inches in a format easily seen by employees. The text must be of conspicuous size, with the first line larger than other text and the first sentence in bold type.
Where to Obtain Posters
Employers can obtain official Florida minimum wage posters from:
- Download from Florida Department of Commerce website: https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices
- Available languages: English, Spanish, and Creole
- Federal poster also required: Employers must also display the federal minimum wage poster available from the U.S. Department of Labor at https://www.dol.gov/agencies/whd/posters/flsa
Posting Locations
The minimum wage notice must be posted in a conspicuous and accessible place in each establishment where employees work. Appropriate posting locations include:
- Break rooms or employee lounges
- Near time clocks or employee entrances
- Employee bulletin boards
- Other prominent locations where employees regularly gather or pass
Employers with multiple work locations must post the notice at each location. For employees working remotely or in the field, employers should provide electronic copies of the poster or include poster information in employee handbooks.
Compliance and Updates
Employers must update minimum wage posters when rates change. In Florida, this means obtaining and posting new posters annually before each September 30 rate increase. The Department of Commerce typically releases updated posters in November or December preceding the rate change.
Failure to display required posters may result in citations and penalties from enforcement agencies. While Florida law does not specify monetary penalties for posting violations alone, failure to post may be considered evidence of willful violation if wage claims arise. The federal FLSA provides for civil penalties up to $2,374 per violation for failure to post required notices.
Frequently Asked Questions: Minimum Wage in Florida 2026
What is the minimum wage in Florida in 2026?
The minimum wage in Florida will be $14.00 per hour from January 1 through September 29, 2026, and will increase to $15.00 per hour on September 30, 2026. For tipped employees, the cash wage requirement is $10.98 per hour through September 29, 2026, and $11.98 per hour beginning September 30, 2026.
When is the next minimum wage increase in Florida?
The next minimum wage increase in Florida is scheduled for September 30, 2026, when the rate will rise to $15.00 per hour. This is the final scheduled increase under Amendment 2. Beginning in 2027, the minimum wage will be adjusted annually based on inflation using the Consumer Price Index.
Does Florida allow tip credit?
Yes, Florida permits employers to pay tipped employees a cash wage of $10.98 per hour (current rate through Sept. 29, 2026), with a tip credit of $3.02 per hour, provided total compensation reaches $14.00 per hour. The tip credit amount is fixed at $3.02 and does not increase when the minimum wage rises.
Are there different minimum wages in different cities in Florida?
No, Florida maintains a uniform statewide minimum wage of $14.00 per hour (as of Sept. 30, 2025). Florida law prohibits local jurisdictions from enacting minimum wages higher than the state rate. All workers in Florida, from Miami to Jacksonville to rural areas, are entitled to the same state minimum wage.
Who is exempt from minimum wage in Florida?
Common exemptions from Florida minimum wage include executive, administrative, and professional employees meeting salary and duties tests ($684 per week minimum), outside sales employees, certain agricultural workers, computer professionals earning at least $27.63 per hour, and workers with disabilities under special certificates. Independent contractors are not covered. Most hourly workers, including part-time employees, are covered by minimum wage requirements.
What happens if an employer pays below minimum wage in Florida?
Employers who pay below minimum wage face back wage liability for up to four years (five years for willful violations), liquidated damages equal to the unpaid amount, reasonable attorney fees and costs, and potential fines of $1,000 per willful violation. Employees can file civil lawsuits after providing 15 days’ written notice to the employer. Florida law prohibits retaliation against workers who report violations.
Do small businesses have to pay minimum wage in Florida?
Yes, all employers in Florida whose employees are covered by the federal Fair Labor Standards Act must pay Florida’s minimum wage, regardless of employer size. Even businesses with one employee must comply with the $14.00 hourly rate (current as of Sept. 30, 2025) if they meet FLSA coverage standards. Very small businesses with minimal interstate commerce and less than $500,000 in annual sales may not be covered by FLSA and therefore may not be required to pay any minimum wage.
Is Florida’s minimum wage higher than the federal minimum?
Yes, Florida’s minimum wage of $14.00 per hour (as of Sept. 30, 2025) is $6.75 higher than the federal minimum wage of $7.25 per hour. When Florida’s rate increases to $15.00 on September 30, 2026, it will be $7.75 higher than the federal rate. Employers in Florida must pay the higher state rate.
How often does Florida increase its minimum wage?
Florida currently increases its minimum wage annually on September 30 under a schedule established by Amendment 2, which voters approved in 2020. The final scheduled increase to $15.00 will occur on September 30, 2026. Beginning in 2027, Florida will adjust its minimum wage annually based on inflation using the Consumer Price Index, with adjustments calculated each September 30 and taking effect on January 1 of the following year.
Can employers pay less than minimum wage during training?
No, Florida does not authorize a training wage below the minimum wage. Employers must pay at least $14.00 per hour (current rate) from the first hour of employment. Some limited exceptions exist under federal law for certain student-learner programs, but these require special certificates from the U.S. Department of Labor and are subject to strict limitations.
How to file a minimum wage complaint in Florida
Employees who believe they have not received proper minimum wage compensation should first provide written notice to their employer identifying the unpaid wages, dates and hours worked, and total amount claimed. The employer has 15 days to resolve the claim. If not resolved, employees may:
- File a civil lawsuit in Florida state court to recover back wages, liquidated damages, and attorney fees
- File a federal complaint with the U.S. Department of Labor’s Wage and Hour Division online at www.dol.gov/whd or by phone at 1-866-4US-WAGE (1-866-487-9243)
- Consult an employment attorney for guidance on the strongest enforcement approach
Florida law prohibits employer retaliation against workers who file wage complaints or participate in investigations. Employees should document all wage issues and communications with their employer.
Do remote workers in Florida get the Florida minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers located in Florida are typically entitled to Florida’s minimum wage of $14.00 per hour (current rate), even if their employer is based in another state. Employers should apply the minimum wage of the state where remote employees are physically located while working.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.