Employment Law Aid

Florida Minimum Wage 2026: Current Rate & Schedule

Updated 2026-12-09
Fact Checked

Quick Answer

Complete guide to Florida minimum wage including current rates, scheduled increases to $15/hour, tipped employee wages, and how to report violations.

Quick Answer: Florida's minimum wage is $14.00/hour as of September 30, 2026, rising to $15.00 in September 2026. Tipped employees receive a direct wage of $10.98/hour plus tips. Florida voters approved these increases through Amendment 2 in 2020. After 2026, the minimum wage will adjust annually based on inflation.

Florida is on track to $15. Know your wage rights now.

Current Minimum Wage Rates

Standard Minimum Wage Schedule

Effective Date Minimum Wage
September 30, 2026 $14.00/hour (current)
September 30, 2026 $15.00/hour
After 2026 CPI adjustments

Recent history: | January 1, 2024 | $12.00/hour | | September 30, 2024 | $13.00/hour |

Why September 30?

Amendment 2 set September 30 as the annual adjustment date. Increases take effect at the start of the state fiscal year.

After 2026

Annual adjustments based on:

  • Consumer Price Index (CPI) changes
  • Calculated by Department of Economic Opportunity
  • Announced before September 30 each year
  • No decreases allowed

Tipped Employee Wages

Current Tipped Minimum Wage

Effective Date Direct Wage Tip Credit Total Minimum
September 30, 2026 (current) $10.98/hour $3.02 $14.00
September 30, 2026 $11.98/hour $3.02 $15.00

How Tip Credit Works

Employer can pay lower direct wage if:

  • Employee regularly receives tips
  • Tips bring total compensation to minimum wage
  • Employer informs employee of tip credit
  • Employee retains all tips (except valid tip pools)

If tips don't cover the gap: Employer must make up the difference to reach minimum wage.

Who Qualifies as Tipped Employee

Typically includes:

  • Servers/waitstaff
  • Bartenders
  • Bellhops
  • Valets
  • Hairstylists (in some settings)

Must regularly receive more than $30/month in tips.

Tip Pooling Rules

Legal tip pool participants:

  • Servers
  • Bartenders
  • Bussers
  • Hosts
  • Other customarily tipped employees

Cannot participate in tip pool:

  • Managers
  • Supervisors
  • Employers/owners

Who Is Covered

Employees Covered

Florida minimum wage applies to:

  • Almost all Florida employees
  • Part-time and full-time
  • Temporary workers
  • Most industries

Exemptions

Limited exemptions include:

  • Some student workers
  • Certain agricultural workers
  • Domestic workers in some situations
  • Workers with disabilities (special certificates)

Most exemptions are narrow. When in doubt, minimum wage likely applies.

Federal vs. State

Florida's higher rate applies:

  • Florida: $14.00 (2026)
  • Federal: $7.25

Workers receive the higher of the two rates.

Common Violations

Not Paying Minimum Wage

Illegal practices:

  • Paying below $14.00/hour
  • Not covering tip credit gaps
  • Deductions dropping pay below minimum
  • Misclassifying employees as exempt

Illegal Deductions

Cannot deduct to drop below minimum wage:

  • Cash register shortages
  • Breakage or damage
  • Uniforms or equipment
  • Training costs

Tipped Employee Violations

Common problems:

  • Not informing employees of tip credit
  • Including managers in tip pool
  • Not making up tip shortfall
  • Requiring tip outs to back-of-house improperly

Working Off the Clock

Must be paid for:

  • Time worked before clocking in
  • Time worked after clocking out
  • Work during unpaid breaks
  • Required training time

Calculating Your Pay

Basic Calculation

For standard employees:

Hours worked × $14.00 = Minimum gross pay

Example:

  • 40 hours worked
  • Minimum pay: 40 × $14.00 = $560

For Tipped Employees

Check if tips cover gap:

Direct wage + Tips ≥ Minimum wage

Example:

  • Direct wage: $10.98/hour
  • Tips averaged: $5.00/hour
  • Total: $15.98/hour (above minimum - compliant)

If tips fell short:

  • Direct wage: $10.98/hour
  • Tips averaged: $2.00/hour
  • Total: $12.98/hour
  • Employer owes: $1.02/hour to reach $14.00

Reporting Violations

Where to Report

U.S. Department of Labor (WHD):

  • Phone: 1-866-487-9243
  • Website: dol.gov/agencies/whd
  • File online complaint

Florida doesn't have state wage enforcement agency - federal DOL handles minimum wage complaints.

What to Provide

When filing complaint:

  • Employer name and address
  • Your hours worked
  • Pay received
  • Evidence of violation
  • Contact information

Protections Against Retaliation

Illegal to retaliate for:

  • Filing wage complaint
  • Participating in investigation
  • Discussing wages with coworkers

Private Lawsuits

Filing a Wage Claim

Can sue employer in court for:

  • Unpaid minimum wages
  • Liquidated damages (up to double)
  • Attorney's fees
  • Court costs

Statute of Limitations

Federal FLSA:

  • 2 years (standard violations)
  • 3 years (willful violations)

Class Actions

Multiple employees can join together to sue employer for widespread violations.

Frequently Asked Questions

When does Florida minimum wage go to $15?

September 30, 2026. The current minimum wage is $14.00 (as of September 30, 2026).

Is there a youth minimum wage in Florida?

No. Florida does not have a lower minimum wage for young workers. All employees receive full minimum wage.

Can my employer pay me less than minimum wage?

Only if you're a tipped employee AND your tips bring total compensation to minimum wage. Otherwise, no.

What if I'm paid by commission?

Commission pay must average out to at least minimum wage for all hours worked. If not, employer must make up the difference.

Do I get minimum wage during training?

Yes. Training time is work time and must be compensated at minimum wage.

What if my employer says I'm exempt?

Exemption requires meeting specific salary AND duties tests. Job title alone doesn't create exemption. If you don't meet the tests, you're entitled to minimum wage and overtime.

Can my employer deduct for uniforms?

Yes, but deduction cannot drop your pay below minimum wage. Many deductions are limited this way.

Who enforces minimum wage in Florida?

The U.S. Department of Labor. Florida doesn't have a state wage enforcement agency.

Local Minimum Wages

No Local Minimums in Florida

Florida preempts local minimum wage laws:

  • Cities cannot set higher minimums
  • Counties cannot set higher minimums
  • State rate applies everywhere

This differs from states like California where cities can exceed state minimum.

Related Topics

Take Action

Florida's minimum wage is increasing, but violations still occur. Know your rights and take action if you're not being paid properly.

Steps to take:

  1. Track your hours worked
  2. Calculate your minimum pay
  3. Compare to actual pay received
  4. Report violations to DOL
  5. Consider consulting an employment attorney

You've earned at least minimum wage. Make sure you receive it.


Legal Disclaimer

This article provides general information about Florida minimum wage and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Florida employment attorney.

For official information:

Frequently Asked Questions

What is standard Minimum Wage Schedule?
Recent history:
Why September 30?
Amendment 2 set September 30 as the annual adjustment date. Increases take effect at the start of the state fiscal year.
How Tip Credit Works?
Employer can pay lower direct wage if: Employee regularly receives tips Tips bring total compensation to minimum wage Employer informs employee of tip credit Employee retains all tips (except valid tip pools) If tips don't cover the gap: Employer must make up the difference to reach minimum wage.
Who Qualifies as Tipped Employee?
Typically includes: Servers/waitstaff Bartenders Bellhops Valets Hairstylists (in some settings) Must regularly receive more than $30/month in tips.
What is tip Pooling Rules?
Legal tip pool participants: Servers Bartenders Bussers Hosts Other customarily tipped employees Cannot participate in tip pool: Managers Supervisors Employers/owners

Legal Disclaimer

The information on this website is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation. No attorney-client relationship is created by using this website.