The Florida Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

$13.00 per hour for most employees

(as of September 30, 2024)

Cities that have higher minimum wage:
In Florida, the minimum wage is set at the state level, therefore the amount is the same across all cities. The state’s minimum wage is adjusted annually based on a set formula. According to the U.S. Department of Labor, the state’s minimum wage is scheduled to increase by $1.00 every September 30th until it reaches $15.00 on September 30th, 2026.

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Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

$9.98 per hour for most tipped employees

(as of September 30, 2024)

Florida considers overtime any hours worked over 40 hours in a workweek. If an employee qualifies, they receive 1.5 times their regular pay rate for any overtime worked.

Florida wage and hour laws don’t require employers to offer meal or rest breaks, either paid or unpaid, to their employees. Employers can decide if their employees can take some break time during their work hours for lunch or rest. The federal law, FLSA, also doesn’t require meal periods or rest breaks.

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Vacation leave
Florida does not require private-sector employers to offer paid vacation leave to their employees. However, employers can choose to provide paid or unpaid vacation leave.  

Paid Sick Leave
There is currently no state law in Florida that requires private employers to provide paid or unpaid sick leave. However, FMLA may apply to employers with 50 or more employees within a 75-mile radius. 

Holidays
Florida isn’t required to provide employees with paid or unpaid holiday leave. However, private employers can require employees to work on holidays. 

In general, Florida considers holidays normal work days. There is no law requiring an employee to be paid more than their normal rate. If the employer does offer holiday pay, they can decide how much and what the terms are.

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Minors 14 and 15:

• When public school is in session, minors may work a maximum of 3 hours per day on school days. They may not work before 7 AM and after 7 PM.

• When school is not in session, more specifically between June 1st through Labor Day, minors may work up to 8 hours per day and 40 hours per week. May not work before 7 AM and 9 PM.

Minors 16 and 17:

• When public school is in session, minors 16 & 17 may not work before 6:30 AM or after 11 PM or for more than 8 hours per day, when school is scheduled the following day, nor during the hours that school is in session.

Minors are not permitted to work during normal school hours unless they are enrolled in a school-to-work experience program, career education or other program declared exempt by the state, or have received a partial waiver.

Work Permits are not required in Florida and are not issued by either the schools or any governmental agency in Florida.

Hiring
In Florida, there is a mandate that states employers cannot discriminate against potential hires based on the following:

• Race

• Color

• Religion

• Sex

• National origin

• Age

• Disability

• Marital status 

New hires can be requested for background checks, drug testing, or immigration compliance. They might also have to meet minimum age requirements. 

Florida is also a “right-to-work” state, which supports an employee’s choice to participate in a union. Union membership is prohibited as an employment condition. 

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.