The Florida Labor Law Guide

Minimum wage is the lowest hourly rate an employer can legally pay. The federal rate is the floor, and Florida sets its own rate above it. As of January 1, 2026, the Florida minimum wage is $14.00 per hour.

Local minimum wages (preemption)

Florida sets the minimum wage at the state level. State law generally prohibits (preempts) cities and counties from adopting separate or higher rates, so the $14.00 rate applies uniformly across the state, including Miami, Orlando, and Tampa.

Increase schedule

The rate is scheduled to increase every year on September 30 until it reaches $15.00 per hour.

• September 30, 2025: increased to $14.00, the current rate.
• September 30, 2026: scheduled to increase to $15.00.
• 2027 and beyond: the rate will be adjusted annually for inflation.

The tipped minimum wage is the lowest cash wage an employer may pay a worker who customarily and regularly receives tips, as long as tips plus cash wages reach at least the full state minimum wage.

The current tipped cash wage is $10.98 per hour, effective January 1, 2026. That 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 rises 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 tips combined with the cash wage do not reach at least the full minimum wage for all hours worked, the employer must pay the difference.

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

• Threshold: employers must pay overtime for all hours worked over 40 in a single workweek.
• Rate: overtime is paid at 1.5 times the employee's regular rate of pay.

Adult employees (18+)

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

Employers may offer meal or rest breaks at their discretion. When 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.

Vacation leave

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

If an employer offers vacation leave, the terms of accrual, usage, carryover, and payout are governed by the employer's written policy, employment agreement, or collective bargaining agreement.

Sick and family leave

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

For domestic violence leave, Florida law (Fla. Stat. section 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 on holidays. Holidays are treated as normal workdays.

Employers are not required to pay a premium rate (such as time-and-a-half) for holiday work unless:

• Overtime is triggered under the Fair Labor Standards Act (FLSA); or
• An employer policy or collective bargaining agreement provides otherwise.

Work permits

Florida does not require work permits or working papers, and schools and government agencies do not issue them. Employers must still keep proof of age (such as a copy of a driver's license or birth certificate) for every minor employee.

Minors ages 14-15 when school is in session

• Daily: up to 3 hours on a school day (when school is scheduled the following day), and up to 8 hours on non-school days (including Saturday, Sunday, or other days when a school day does not follow).
• Weekly: 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.

Minors ages 14-15 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. The 9:00 p.m. extension applies specifically from June 1 through Labor Day.

Meal breaks and consecutive days (ages 15 and under)

• Minors 15 and under may not work more than 4 hours continuously without an uninterrupted meal break of at least 30 minutes.
• 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: may not work more than 8 hours in a day when school is scheduled the following day. The 8-hour limit does not apply on Sundays or holidays.
• Weekly: may not work more than 30 hours per week when school is in session. 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 or waiver applies.

When school is not in session, these hour limits 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: 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.