The Florida Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. While the federal minimum wage establishes a baseline, Florida has adopted a higher state minimum wage.

Current Rate (January 1, 2026)

• $14.00 per hour

Local Minimum Wages (Preemption) In Florida, the minimum wage is set at the state level. Florida law generally prohibits (preempts) cities and counties from establishing separate or higher minimum wage rates. Therefore, the $14.00 rate applies uniformly across all cities in the state (e.g., Miami, Orlando, Tampa).

Increase Schedule Florida’s minimum wage is scheduled to increase annually on September 30th until it reaches $15.00 per hour.

• September 30, 2025: Increased to $14.00 (Current rate).

• September 30, 2026: Scheduled to increase to $15.00.

• 2027 and beyond: The rate will be adjusted annually for inflation.

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Tipped minimum wage is the lowest hourly cash wage employers may pay employees who customarily and regularly receive tips, provided the employee’s tips plus cash wages equal at least the full state minimum wage.

Current Rate (Effective January 1, 2026)

• $10.98 per hour (Reflects Florida’s $14.00 minimum wage, effective September 30, 2025, minus the maximum allowable $3.02 tip credit.)

Future Increase

• Effective September 30, 2026: The tipped cash wage will increase to $11.98 per hour, reflecting the scheduled increase of Florida’s minimum wage to $15.00 per hour.

Compliance Note

Employers may take a tip credit of up to $3.02 per hour. If an employee’s tips combined with the cash wage do not equal at least the full minimum wage for all hours worked, the employer must pay the difference.

Standard Requirement Florida follows the federal Fair Labor Standards Act (FLSA) for overtime requirements.

• Threshold: Employers must pay overtime for all hours worked in excess of 40 hours in a single workweek.

• Rate: Overtime must be paid at a rate of 1.5 times the employee’s regular rate of pay.

Adult Employees (18+)

Florida wage and hour laws do not require employers to provide meal or rest breaks to adult employees.

Policy control: Employers may choose to offer meal or rest breaks at their discretion. If breaks are provided, federal law generally governs whether the time must be paid:

• Short breaks (typically 20 minutes or less) must be paid as hours worked.

• Bona fide meal periods (typically 30 minutes or more) may be unpaid, provided the employee is completely relieved of all duties.

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Vacation Leave

Florida law does not require private-sector employers to provide paid or unpaid vacation leave.

Policy control: Employers may choose to offer vacation leave at their discretion. If offered, the terms of accrual, usage, carryover, and payout are governed by the employer’s written policy, employment agreement, or collective bargaining agreement.

Sick & Family Leave

Sick leave: Florida law does not require private employers to provide paid or unpaid sick leave.

Domestic violence leave: Florida law (Fla. Stat. § 741.313) requires employers with 50 or more employees to provide up to 3 working days of unpaid leave in a 12-month period when an employee, or the employee’s family or household member, is a victim of domestic or sexual violence. Employers may require reasonable documentation and advance notice where practicable.

Holidays

Florida law does not require private employers to provide paid or unpaid holiday leave or to close their business on holidays.

Holiday pay:

Holidays are treated as normal workdays. Employers are not required to pay a premium rate (such as time-and-a-half) for work performed on a holiday unless:

• Overtime is triggered under the Fair Labor Standards Act (FLSA); or

• An employer policy or collective bargaining agreement provides otherwise.

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Florida Child Labor Laws (Effective January 1, 2026)

Work Permits Florida does not require “work permits” or “working papers,” and they are not issued by schools or government agencies. However, employers must maintain proof of age (e.g., copy of driver’s license or birth certificate) for all minor employees.

Minors Ages 14–15 When School Is in Session

• Daily limits:

  • Up to 3 hours on a school day (when school is scheduled the following day).

  • Up to 8 hours on non-school days (including Saturday, Sunday, or other days when a school day does not follow).

• Weekly limit: Up to 15 hours per week.

• Time of day: May not work before 7:00 a.m. or after 7:00 p.m. when school is scheduled the following day.

• School hours: May not work during public school hours (unless a statutory exception applies).

When School Is Not in Session (Holidays/Summer)

• Daily limit: Up to 8 hours per day.

• Weekly limit: Up to 40 hours per week.

• Time of day: May not work before 7:00 a.m. or after 9:00 p.m.

  • (Note: The 9:00 p.m. extension applies specifically from June 1 through Labor Day).

Meal Breaks

• Requirement: Minors 15 and under may not work more than 4 hours continuously without an uninterrupted meal break of at least 30 minutes.

• Consecutive Days: Minors 15 and under may not work more than 6 consecutive days in any one week.

Minors Ages 16–17 When School Is in Session

• Daily limits:

  • May not work more than 8 hours in a day when school is scheduled the following day.

  • Exception: The 8-hour limit does not apply on Sundays or holidays.

• Weekly limit:

  • May not work more than 30 hours per week when school is in session.

  • Waiver: This 30-hour limit may be waived by a parent, guardian, or school superintendent using the state-prescribed waiver form.

• Time of day:

  • May not work before 6:30 a.m. or after 11:00 p.m. when school is scheduled the following day.

• School hours: May not work during school hours (unless an exception/waiver applies).

When School Is Not in Session (Summer/Breaks) These hour limitations generally do not apply on non-school days when a school day does not follow, during non-school weeks, and during summer vacation.

Meal Breaks

Requirement: If a minor age 16–17 is scheduled to work 8 hours or more in a day, they may not work more than 4 hours continuously without an uninterrupted meal break of at least 30 minutes.

Hiring

Anti-Discrimination (Hiring & Employment) In Florida, employers are mandated by state law to prohibit discrimination against potential hires and employees based on the following protected classes:

• Race

• Color

• Religion

• Sex (including pregnancy)

• National origin

• Age

• Handicap or Disability

• Marital status

• AIDS/HIV status (actual or perceived)

• Sickle-cell trait

Note: Some local jurisdictions (e.g., Miami-Dade, Broward, Tampa) may have additional protections for characteristics such as sexual orientation, gender identity, or hair texture/style (CROWN Act).

Right-to-Work Florida is a “right-to-work” state. No person can be denied employment or discriminated against based on membership or non-membership in a labor union or labor organization. Union membership cannot be a condition of employment.

Firing
Florida supports “at-will” employment laws. All Florida employers have the right to terminate employees at will at any time and without advance warning. However, an employer cannot terminate an employee for an illegal reason.