As of 2026, Florida's minimum wage is $14.00 per hour, set under the state constitution and scheduled to rise to $15.00 per hour on September 30, 2026. That is nearly double the federal floor of $7.25 per hour, and because Florida law requires the higher rate, almost every covered employer in the state must pay the Florida figure rather than the federal one. The increase to $15.00 is the final step of a series of $1-per-year raises approved by Florida voters in 2020 (Amendment 2), after which the rate is adjusted every year for inflation. Because the number changes annually, confirm the current rate with the official state source before relying on it.
Florida's Specific Rule
Florida's minimum wage is established in Article X, Section 24 of the Florida Constitution and implemented by the Florida Minimum Wage Act, Florida Statutes Section 448.110. In 2020, voters approved a constitutional amendment that set a phased path to a $15 hourly wage. The published schedule was:
- September 30, 2021: $10.00
- September 30, 2022: $11.00
- September 30, 2023: $12.00
- September 30, 2024: $13.00
- September 30, 2025: $14.00 (the rate in effect through most of 2026)
- September 30, 2026: $15.00
Each step takes effect on September 30, not January 1, which is unusual and often trips up employers and workers who assume a calendar-year change. After the $15.00 rate arrives on September 30, 2026, the constitution requires the wage to be recalculated each year for inflation using the Consumer Price Index, with the new figure announced in advance and effective the following September 30.
How Florida Compares to the Federal Minimum
The federal baseline under the Fair Labor Standards Act (FLSA) is $7.25 per hour, a rate unchanged since 2009. When state and federal minimum wages differ, an employer must pay whichever is higher. Because Florida's rate is well above $7.25, Florida workers are entitled to the state wage. The federal $7.25 figure generally matters in Florida only for the narrow categories of workers who are exempt from the state law or not covered by it.
Overtime rules, by contrast, still come primarily from federal law. Florida does not have its own daily or weekly overtime statute, so the FLSA standard governs: non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek. Florida has no requirement for daily overtime, double time, or premium pay for weekends or holidays beyond what the FLSA or an individual contract provides.
Tipped Employees and the Tip Credit
Florida allows employers of tipped workers to take a tip credit of up to $3.02 per hour. This means the required direct cash wage equals the full Florida minimum wage minus $3.02. Using the rate in effect for most of 2026 ($14.00), the minimum cash wage for tipped employees is $10.98 per hour. When the state minimum rises to $15.00 on September 30, 2026, the tipped cash wage becomes $11.98 per hour ($15.00 minus the $3.02 credit).
This is dramatically more generous to tipped workers than federal law. Under the FLSA, the tipped cash wage can be as low as $2.13 per hour, with a federal tip credit of up to $5.12. Florida caps the credit at $3.02, so tipped workers in the state keep a much higher guaranteed cash wage.
Key conditions on the Florida tip credit:
- Tips plus cash wage must reach the full minimum. A worker's direct cash wage plus actual tips must equal at least the full Florida minimum wage for every hour worked. If tips fall short in a given workweek, the employer must make up the difference.
- The worker must be a tipped employee. A tipped employee is one who customarily and regularly receives tips, generally meaning more than $30 a month in tips.
- Tips belong to the employee. Employers cannot keep employees' tips; valid tip pooling among tipped staff is allowed, but managers and owners generally may not share in it.
Local Minimum Wage Rules in Florida
Unlike many states where cities and counties set higher wages, Florida preempts local minimum wage ordinances. Under Florida Statutes Section 218.077, local governments are barred from establishing their own minimum wage for private-sector employers. As a result, the statewide rate applies uniformly across all Florida cities and counties; there is no separate Miami, Orlando, Tampa, or Jacksonville minimum wage that exceeds the state figure.
The one narrow area where localities have some authority involves wage requirements tied to their own contracts or financial assistance, but this does not create a general citywide minimum for ordinary private employers. For nearly all workers, the practical takeaway is simple: the Florida statewide rate is the rate, no matter which county you work in.
Who Is and Isn't Covered
The Florida minimum wage covers employees who are entitled to the federal minimum wage under the FLSA, which sweeps in the vast majority of workers in the state. Certain categories may be treated differently, including some student workers, apprentices, and individuals working under specific federal certificate programs. Independent contractors are not covered, but misclassification is common; being labeled a contractor does not by itself remove minimum wage rights if the working relationship is actually that of an employee.
How to Enforce Your Right to the Minimum Wage
Florida gives workers a private right of action to recover unpaid minimum wages, plus damages. The state law includes a specific pre-suit step that workers must follow:
- Send written notice first. Before filing a lawsuit under the Florida Minimum Wage Act, an employee must notify the employer in writing of the intent to bring a claim, identifying the amount of unpaid wages and the dates at issue.
- Give the employer time to respond. The employer has 15 calendar days after receiving the notice to pay the wages owed or otherwise resolve the claim.
- Then file suit. If the dispute is not resolved, the employee may sue and, if successful, may recover unpaid wages, an equal amount in liquidated damages, plus attorney's fees and costs.
Workers also retain the option to pursue a federal FLSA claim with the U.S. Department of Labor's Wage and Hour Division, which can investigate and recover back wages without the state pre-suit notice requirement. Many workers use the federal route, the state route, or both, depending on the facts.
Where to Confirm the Current Rate
Because Florida's wage changes every September 30 and is indexed to inflation after 2026, always verify the figure that applies to the period you are working. The Florida Department of Commerce (formerly the Department of Economic Opportunity) calculates and publishes the official annual minimum wage rate and the corresponding tipped cash wage. The Florida Attorney General's office also provides minimum wage information and handles certain enforcement matters. For the federal baseline and overtime rules, consult the U.S. Department of Labor's Wage and Hour Division. When in doubt, rely on the official state-published rate rather than a third-party summary, including this one.
Official Florida Sources
This page is based on Florida employment law. Rules and figures change — verify the current details directly with the official Florida sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Florida state law.
Frequently asked questions
What is Florida's minimum wage in 2026?
As of 2026, Florida's minimum wage is $14.00 per hour (the rate set on September 30, 2025), and it is scheduled to rise to $15.00 per hour on September 30, 2026. Because the rate changes every September 30 and is later indexed to inflation, confirm the current figure with the Florida Department of Commerce.
What is the minimum cash wage for tipped employees in Florida?
Florida lets employers take a tip credit of up to $3.02 per hour, so the minimum cash wage is the state minimum wage minus $3.02. At the $14.00 rate that is $10.98 per hour, and it becomes $11.98 once the wage reaches $15.00. The worker's cash wage plus tips must still equal at least the full minimum wage.
Can Florida cities set a higher minimum wage than the state?
No. Florida Statutes Section 218.077 preempts local minimum wage ordinances for private employers, so cities and counties cannot set their own higher rate. The statewide constitutional rate applies uniformly across Florida, including Miami, Orlando, Tampa, and Jacksonville.
How does Florida's minimum wage compare to the federal $7.25?
Florida's minimum wage is far above the federal FLSA floor of $7.25 per hour. When state and federal minimums differ, employers must pay the higher rate, so covered Florida workers receive the state wage. Overtime, however, still follows the federal rule of 1.5x pay over 40 hours in a workweek.
What do I have to do before suing for unpaid minimum wages in Florida?
Under the Florida Minimum Wage Act, you must first give your employer written notice of the claim, stating the amount and dates of unpaid wages, and allow 15 days for the employer to resolve it. If unresolved, you can sue to recover the unpaid wages plus an equal amount in liquidated damages and attorney's fees. You may also file a federal claim with the U.S. Department of Labor.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
