As of January 1, 2021, Florida’s minimum wage increased to $8.65 per hour, with a tipped minimum wage of $5.63 per hour. This rate is reviewed annually and adjusted according to a formula tied to the Consumer Price Index (CPI).
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Florida’s first labor law, passed in 1893, remains part of the state’s legal framework over 125 years later. This law, originally titled “An Act to Prohibit Wrongful Combinations Against Workmen and to Punish the Same,” now known as F.S.A. 833.02, protects workers from being blacklisted.
Historically, Florida has not been particularly active in passing employment legislation, often deferring to federal requirements rather than imposing stricter state laws. However, shifts in public opinion have spurred a push for more state-specific legislation. Recent court decisions preventing cities from setting local minimum wages higher than the state minimum have renewed interest in statewide minimum wage increases.
A ballot initiative is set for a vote as a state constitutional amendment. If passed, it would change how the minimum wage is determined, aiming to raise the state’s minimum wage to $15 per hour by 2026.
From 2016 to 2019, court opinions have consistently held that cities in Florida cannot set their own local minimum wage rates. In 2016, Miami Beach attempted to establish a higher citywide minimum wage, aiming to increase it to $13.31 per hour by 2021. However, two courts overturned this ordinance, ruling that state law prohibits cities from setting local minimum wages. The Florida State Supreme Court subsequently declined to hear the case.
Although Florida’s minimum wage is higher than the federal minimum wage (as of January 2020), Florida wage law explicitly defers to the federal definitions of exempt and non-exempt employees under the Fair Labor Standards Act (FLSA).
This reliance on federal law means that FLSA exemptions apply without additional state-imposed restrictions. Exempt employees may include executives, administrators, professionals, outside salespeople, and computer workers, provided they receive salaries that meet the FLSA minimums.
Under the FLSA, employees are not exempt solely because they are paid on a salary basis. Additional criteria include the duties performed, the method of compensation (fee, salary, commission, etc.), and an alternative minimum compensation amount instead of the minimum wage.
For example, the FLSA requires that administrative employees receive at least $455 per week to qualify for exemption.
In addition to the federally required posters for minimum wage, workers’ compensation, and child labor laws, Florida employers must also display state-specific notices. These include information on the state minimum wage, a notice about the Florida Reemployment Assistance Program (RT-83), and an anti-discrimination notice.
Required Posters:
Florida’s tipped wage law mandates that tipped employees earn the same minimum wage as other workers, but it allows for a tip credit, which can effectively lower the minimum wage for tipped employees in many cases.
As of January 1, 2021, Florida permits tipped employees to be paid a lower minimum wage rate of $5.63 per hour, plus tips. This lower rate is known as the direct wage amount. To take a tip credit toward wages paid, Florida employers must comply with federal FLSA rules.
Similar to other tip credit states and federal law, even though the base minimum wage rate is lower, employers must ensure that the combined total of the tipped minimum wage (direct wage) and tips received equals at least the standard minimum wage rate ($8.65 as of 2021).
If a tip pool is used, employees must be informed in advance about the tip pool and its details. As with federal law, there are restrictions on which employees can participate in a tip pool to ensure that tips are not distributed to those who are not typically considered tipped employees. Additionally, tip pools should not combine employees from different types of service chains.
Florida generally follows federal FLSA rules for overtime, with a few exceptions.
As per federal requirements, Florida mandates that employers pay workers time and a half of their regular pay rate for hours worked beyond 40 in a workweek.
However, Florida also requires that overtime rates (time and a half) apply to any hours worked over 10 in a single workday. If a written contract exists, such as for workers with standard shifts longer than 10 hours but fewer workdays per week, the contract terms may override the 10-hour overtime threshold.
For salaried workers who are not exempt from overtime pay under federal law, regular base pay is typically calculated by dividing the salary by 40 hours to determine an effective hourly rate. For employees earning multiple pay rates, such as different rates for weekends and weekdays, the regular base pay would be an average of the various rates, not just the lower rate.
Following FLSA rules, double time is not required for holiday or night hours. Exemptions to overtime pay also adhere to federal FLSA guidelines.
Florida restricts the hours minors can work and the total hours they can work based on their age.
Certain jobs are considered too hazardous for minors. Florida law categorizes these jobs as too hazardous for those under 18 and those under 16.
Examples of hazardous job conditions include working with ladders over 6 feet tall, radioactive materials, meat packing, sawmills, and spray painting.
Florida’s child labor law generally aligns with federal law, which sets the minimum age for employment at 14 (outside of agricultural work). Florida law generally prohibits employment for anyone 13 or younger, with some exceptions. Those aged 10 or younger may not sell or deliver newspapers.
However, Florida allows minors to work in specific jobs. The state permits people of any age to work in the entertainment industry, perform domestic work within their own homes, work on a family farm, or serve as a page for the state legislature.
Some minors under 17 are not considered minors under the Florida child labor statute. Court rulings, military service, marriage, and high school graduation (or GED) status may exempt a minor from child labor restrictions.
However, these exemptions are not automatic across all limits, so a person under 17 may be restricted by some parts of the Florida child labor rules but not others.
Most hourly restrictions ensure minors do not have a work/school conflict. Minors under 18 may be exempt from these hour limits if specific conditions are met. School exceptions may include graduating high school, receiving an equivalency certificate (GED), or obtaining an exemption certificate from the school superintendent.
Additional exemptions include hardship or family emergency needs, working as a page in the state legislature, being employed by their parents, or engaging in domestic work in a private home.
Minors under 16, in addition to daily (3 hours) and weekly (15 hours) limits during school, may not work before 7 a.m. or after 7 p.m. on a school day or the day before a school day.
Additionally, they cannot work during school hours, before 7 a.m., or after 9 p.m. when school is not in session, although daily (8 hours) and weekly (40 hours) limits are increased during that time.
Those aged 16 to 17 also have daily (8 hours) and weekly (30 hours) limits during school sessions, as well as restrictions on the times of day they can work. When school is in session, on school days or the day before a school day, those 16 and 17 cannot work before 6:30 a.m. or after 11:00 p.m., or during school hours. If enrolled in a career program, they may be allowed to work during some part of the school day.
All minors under 18 are restricted from working more than six consecutive days in a week. Florida minors under 17 must be given at least a 30-minute meal break any time they work 4 hours or more.
Florida, like much of its employment law, defers to federal rules for most recordkeeping requirements.
The primary recordkeeping requirements come from the Fair Labor Standards Act (FLSA), which mandates that records for non-exempt employees covered by the FLSA be kept for at least three years.
In addition to federal requirements, Florida has specific recordkeeping mandates for employers. While federal rules require new hire reporting, Florida requires a state-specific new hire form to be submitted to the Florida New Hire Reporting Center within 20 days of the employee’s start date.
This rule applies not only to first-time new employees but also to rehired and recalled employees. For rehired or recalled employees (such as those returning from a layoff), new hire reports must be filed if there has been more than a 60-day break in employment. Independent contractors are not considered employees and do not need to be reported.
Yes, Florida labor law does not prohibit employers from requiring mandatory overtime.
However, mandatory overtime must be compensated according to Florida and federal laws, provided the employee is not exempt from overtime pay requirements under the FLSA or other federal statutes. In some cases, an employee contract can modify when overtime is allowed, such as working over 10 hours in one workday.
The hours minors can work in Florida vary by age:
Exemptions:
Florida follows federal rest break rules set by the FLSA and does not require rest or meal breaks (paid or unpaid). The FLSA does not mandate rest breaks but requires employers to pay for shorter breaks if provided. Longer meal breaks (30 minutes or more) are not required to be provided or paid. If provided, employers must allow employees to leave the premises during unpaid breaks.
Florida does not specifically address tip pooling in its tipped employee wage laws, instead following federal rules. Tip pools can include those in the direct service chain but not managers or cooks. Mandatory fees on checks (e.g., for large parties) are not considered tips and may be kept by the employer, but cannot be used in the tip credit calculation.
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.