Florida Minimum Wage Laws & Compliance Guide

Paul Boynton | Sep 26, 2025

Florida Minimum Wage Laws & Compliance Guide

With Florida’s minimum wage landscape constantly shifting, staying behind can cost you—a lot. With the state’s constitutional amendment driving annual increases through 2026, what seemed like manageable wage adjustments have become a moving compliance target that affects payroll,

Florida’s minimum wage jumped to $14 on September 30, 2025, with the final increase to $15 scheduled for 2026. Beyond these rate changes, employers face posting requirements, tipped wage calculations, and enforcement risks that demand proactive attention rather than reactive scrambling.

Key Takeaways

  • Florida’s minimum wage reached $14 per hour on September 30, 2025, with tipped employees earning $10.98 per hour plus tips
  • Constitutional amendment drives annual $1 increases until reaching $15 in 2026, followed by inflation-based adjustments
  • Employer posting and compliance obligations intensify with each increase, including updated workplace notices and payroll system adjustments

Current Federal and Florida Minimum Wage Comparison

While the federal minimum wage remains frozen at $7.25 per hour, unchanged since 2009 despite dramatic increases in living costs, Florida’s current $14 minimum wage represents nearly double the federal floor. This reflects the state’s understanding that federal rates no longer meet basic economic needs.

The substantial gap also means Florida employers can’t rely on federal minimum wage compliance as adequate protection. State enforcement takes precedence, and penalties for violations reflect Florida’s commitment to maintaining higher wage standards.

Amendment 2 established Florida’s predictable increase schedule:

  • 2025: $14 per hour (effective September 30)
  • 2026: $15 per hour (final scheduled increase)
  • 2027+: Annual inflation-based adjustments using consumer price index

Tipped employees operate under modified calculations that maintain the federal tip credit structure. Currently earning $9.98 per hour, tipped workers will see their base wage increase to $10.98 on September 30, 2025. Employers can apply a $3.02 tip credit, meaning the combination of base wages plus tips must equal or exceed the full minimum wage.

The predictable increase schedule helps with budget planning but creates ongoing compliance obligations. Each September 30th brings new rates, updated posting requirements, and potential penalties for employers who fail to adjust payroll systems promptly.

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Florida Coverage, Exemptions, and Special Classifications

Understanding who falls under Florida’s minimum wage requirements prevents costly misclassification errors and ensures appropriate wage calculations across different employee categories.

Most Florida employees receive minimum wage protection regardless of company size or industry. Unlike some employment laws that exempt small businesses, Florida’s minimum wage applies broadly across the state’s workforce. Part-time and full-time workers receive equal protection under the state’s wage floor.

Limited exemptions exist for specific worker categories that mirror federal classifications:

  • Exempt employees under FLSA — Executive, administrative, and professional workers meeting federal salary and duties tests
  • Independent contractors — Properly classified workers who aren’t employees under legal standards
  • Agricultural workers — Specific exemptions may apply under certain circumstances
  • Student workers — Limited exceptions for certain educational programs

However, these exemptions require careful consideration. Misclassifying employees as exempt or as independent contractors creates significant liability exposure, particularly given Florida’s higher wage standards compared to federal minimums.

Overtime makes minimum wage compliance even more complicated. Once nonexempt employees earning minimum wage cross 40 hours in a workweek, they’re entitled to time-and-a-half — $21 per hour at the September 2025 rate. Staying compliant requires accurate timekeeping and careful payroll calculations.

For multi-state employers, the challenge doesn’t stop there. When Florida employees travel or work temporarily in other states, you also need to know which state’s minimum wage rules apply. Getting it wrong can lead to unintentional violations and costly corrections.

Calculating Florida Pay & Compliance Rules

Paying employees correctly takes more than just applying the right hourly rate. Deductions, timing, and recordkeeping all create room for errors that can lead to penalties or employee claims.

Key requirements to watch:

  • Pay for all hours worked — time spent on opening duties, closing tasks, and mandatory training must be included.
  • Meet salary floors — weekly pay must equal or exceed hours worked × the minimum wage.
  • Limit deductions — they can’t reduce pay below the minimum wage under any circumstance.
  • Apply increases promptly — when minimum wage rates rise, adjustments must show up in the very next payroll cycle.

Employers must also keep detailed records for at least three years, including time worked, wage calculations, and deductions. These records often become critical evidence during a wage claim or Department of Labor investigation, so strong documentation is your best defense.

Florida’s minimum wage enforcement isn’t something employers can afford to take lightly. Violations carry financial consequences that go well beyond back pay. Prevention is almost always cheaper than dealing with an investigation after the fact.

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If an employer is found out of compliance, the fallout can include:

  • Back wages for the entire violation period
  • Liquidated damages equal to the amount of back wages, effectively doubling exposure
  • Administrative fines that grow quickly across multiple employees
  • Legal costs, including attorney fees and court costs in successful claims

The Florida Department of Commerce (formerly DEO) has broad authority to audit payroll, interview staff, and review records. A single complaint can expand into a company-wide investigation, uncovering years of practices. Class actions magnify the risk even more, turning one small error into significant liability.

Common mistakes that trigger audits include tip credit miscalculations, missed overtime rate adjustments, poor recordkeeping, and failing to update payroll on the September 30 effective date. Multi-location employers often face even more risk if centralized payroll systems aren’t configured to handle Florida’s higher rates.

Best Practices for Employers in Florida

The good news is that proactive compliance strategies cost far less than penalties—and they protect your reputation. Regular audits, clear communication, and strong documentation make a measurable difference.

Some best practices include:

  • Running quarterly wage audits to confirm actual pay aligns with overtime and tip credit rules
  • Configuring payroll systems for automatic effective-date changes and retroactive adjustments
  • Providing employees with clear wage statements, and timely policy and handbook updates with transparent notices
  • Training supervisors on timekeeping and overtime approvals so mistakes don’t creep in
  • Maintaining detailed records of policies, audits, and training that can serve as evidence if regulators come knocking

A consistent, documented process helps demonstrate good faith and creates a defensible position during any investigation.

Stay Ahead of Florida Wage Changes With Mosey

Florida’s march toward $15 an hour—and automatic CPI adjustments after 2026—signals a permanent shift. Employers can no longer treat wage increases as occasional policy updates. They need systems that scale, adapt, and prove compliance under scrutiny.

The risks are clear: investigations that expand beyond a single complaint, class actions that multiply costs across your workforce, and reputational damage that can make recruiting harder in a tight labor market. But so are the opportunities. Employers who manage compliance proactively not only avoid penalties, they also build trust with employees and strengthen their standing in competitive industries like hospitality, healthcare, and retail.

That’s where Mosey comes in. Our platform automates tracking changes to state and local legislation, like Florida’s minimum wage updates, and keeps clear, actionable tasks at your fingertips. With these tools in place, you can stop worrying about rate changes and start focusing on growing your business.

Ready to stay compliant and protect your bottom line? Schedule a demo with Mosey today and see how simple, scalable compliance can be.

Frequently Asked Questions: Florida Minimum Wage Laws

What is Florida minimum wage in 2025?

Florida’s minimum wage is currently $13 per hour and will increase to $14 per hour on September 30, 2025. Tipped employees earn $9.98 per hour (increasing to $10.98) plus tips that must bring total earnings to at least the full minimum wage.

When does Florida minimum wage go to $15?

Florida’s minimum wage will reach $15 per hour on September 30, 2026, as the final step in the constitutional amendment’s annual increase schedule. After 2026, wages will adjust annually based on inflation.

Is Florida minimum wage higher than federal?

Yes, Florida’s minimum wage is significantly higher than the federal minimum wage of $7.25 per hour. Florida’s current is nearly double the federal requirement, with further increases scheduled through 2026.

Do employers have to post minimum wage increases?

Yes, Florida law requires employers to prominently display minimum wage posters in conspicuous and accessible locations. New posters must be displayed when wage rates change, typically released by the state in late September or early October.

Can tips count toward minimum wage in Florida?

Yes, employers can apply a $3.02 tip credit toward the minimum wage for tipped employees. However, the combination of base wages plus tips must equal or exceed the full minimum wage rate for all hours worked.

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