Florida Guide · Updated 2026
Florida Minimum Wage & Overtime
Florida's minimum wage is set by the state constitution and rises on a fixed schedule, but everything else — overtime, breaks — defers to the federal FLSA.
The constitutional minimum-wage schedule
Under Article X, § 24 of the Florida Constitution (Amendment 2) and the Florida Minimum Wage Act (Fla. Stat. § 448.110), the wage rises $1.00 every September 30 until it reaches $15.00 on September 30, 2026 (it was $14.00 from Sept 30, 2025), then is indexed to inflation. The tipped cash wage rises in step, with a fixed $3.02 tip credit.
The pre-suit notice trap
Before suing under the Florida Minimum Wage Act, a worker must give the employer written pre-suit notice and a 15-day window to cure(Fla. Stat. § 448.110(6)) — missing it can be fatal to the claim. For employers, fixing a flagged underpayment promptly can end the dispute.
Overtime: FLSA only
Florida has no state overtime law, no daily overtime, no double-time, and no state meal/rest-break mandate — the federal FLSA governs entirely: 1.5× the regular rate after 40 hours in a workweek, with the white-collar exemption at the federal $684/week ($35,568/yr)salary level (29 C.F.R. Part 541). Florida preempts local wage and scheduling ordinances.
Practical takeaways
Update payroll every September 30 for the wage step-up, keep tip records if you take the credit, fix any flagged minimum-wage shortfall within the cure window, and classify exempt vs. non-exempt under the federal tests. Florida has no state income tax — federal withholding only.
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