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FL · state labor law, 2026

Florida labor laws: minimum wage, overtime, leave, final pay and breaks

Florida raises its minimum wage in the autumn, writes it into the state constitution and keeps cities from adding wage or leave rules of their own.

Florida and federal rules checked on official sources on · Checked by Radif Partners · How we calculate

Minimum wage now
$15.00/h
Statewide
Next change
none announced
checked October 11, 2026
Tipped cash wage
$11.98/h
tips must make up the rest
Overtime
40 h/week
federal FLSA rule
Paid sick leave
no state law
employer policy
Paid family leave
no program
FMLA is unpaid

Florida's minimum wage became $15.00 an hour on September 30, 2026, up from $14.00, completing the dollar-a-year schedule that voters added to the state constitution in 2020. The date matters: Florida does not change its rate on January 1 like most states, but on September 30, and from 2027 the September increase will follow inflation. A full-time worker gains about $2,080 a year from this last step. Tipped employees must receive a cash wage of at least $11.98, because Florida freezes the tip credit at a fixed amount instead of letting it grow with the minimum. Overtime follows the federal 40-hour rule, and Florida has no state law requiring paid sick leave, paid family leave, meal breaks for adults or a deadline for a final paycheck. Cities and counties are not allowed to fill those gaps for private employers.

State

Florida

Before taxes, without tips.

Gross pay for this week in Florida

$600

Time and a half after 40 hours in a week (federal rule)

Minimum wage in Florida now$15 an hour
Your rate against itAt or above the minimum
Overtime: none this week$0
Paid sick leave earned in a yearNo statewide paid sick leave law
Breaks owed in a 8-hour shiftNone for adults (minors only)
Final paycheck if firedno Florida statute sets a deadline (federal law sets none either); the employer's regular payday and policy apply
Unused vacation at the endNo state rule: the employer policy decides
Paid family leaveNo state program

40 hours a week at $15. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.

Why Florida raises pay on September 30

The minimum wage sits in Article X, Section 24 of the Florida Constitution, not in an ordinary statute. The 2020 amendment set a $1 increase each September 30 until the rate reached $15.00, which happened this year. From September 30, 2027, the state recalculates the figure every year from the consumer price index, so a raise will keep arriving in the autumn. For payroll that means the January paycheck brings no change, and a pay rate set in the spring can fall below the minimum by October. Anyone paid exactly the minimum should check the stub that covers September 30: hours worked on or after that date earn the new rate.

What the minimum wage raise is worth to you

Rate in Florida now

$15.00

Rate on January 1, 2026$14.00
Rate in force now$15.00
Extra pay a year since January$1,560
Next changenone announced
See every state rate →

Tips: a fixed credit, a rising cash wage

Most states that allow a tip credit let the employer count a share of tips toward the minimum wage. Florida fixes that share at the amount allowed under federal law in 2003, so each time the minimum wage goes up, the cash wage a server or bartender must receive goes up by the same amount. Since September 30 the cash floor is $11.98 an hour, more than five times the federal $2.13. If cash wage plus tips still falls short of $15.00 for the hours in a workweek, the employer must make up the difference.

Do your tips cover the minimum wage?

Employer top-up owed per hour

$0.00

Cash wage$11.98
Cash wage + tips$15.98
Minimum wage in Florida$15.00
Top-up over a 30-hour week$0
Minimum wage by state →

Statewide rules only

A Florida statute bars cities and counties from requiring private employers to pay a local minimum wage or to provide benefits that state or federal law does not require, which rules out local sick leave ordinances. Living wage rules adopted by local governments reach only their own staff and some contractors. That leaves Florida workers with the federal framework for leave: up to 12 weeks of unpaid FMLA leave for those who qualify, and whatever paid time off the employer offers. States that do require paid sick leave are mostly in the Northeast and the West.

Overtime, final pay and breaks

With no state overtime statute, time and a half is owed after 40 hours in a workweek under federal law, and the federal salary test of $684 a week applies to exempt jobs. Florida sets no deadline for the last paycheck and no rule on paying out unused vacation, so the employer's regular payday and written policy govern both. Meal breaks are required only for minors. The state does protect the right to work: the Declaration of Rights in the constitution forbids making union membership a condition of employment.

Florida employment rules at a glance, 2026

Minimum wage schedule

Florida minimum wage rows for 2026 and any announced 2027 rate.
FromWho it coversRateNote
September 30, 2025Statewide$14.00In force January 1 to September 29, 2026
September 30, 2026Statewide$15.00Final $1 step of Amendment 2 (2020); inflation indexing resumes September 30, 2027

Workers covered by both laws get the higher rate. Employer, employee and wage definitions follow the federal FLSA. From September 30, 2027 the rate is adjusted each year for inflation (CPI-W, South Region). Read the Florida rule.

Overtime

Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. No general state overtime law for private employers; the federal FLSA (time and a half over 40 hours a week) applies. source

Sick leave and family leave

Florida has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. Local paid sick leave ordinances are preempted (Fla. Stat. 218.077). source

No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave.

Final paycheck and unused vacation

Fired or laid off: no Florida statute sets a deadline (federal law sets none either); the employer's regular payday and policy apply. Quitting: no Florida statute sets a deadline; the employer's regular payday and policy apply. Vacation: No state statute; accrued vacation payout depends on the employer's policy or contract..

Meal and rest breaks

No meal break is required for adults by state law. No paid rest break is required for adults. Minors 15 and younger: 30-minute meal period after 4 continuous hours; minors 16-17 working 8+ hours a day: 30-minute meal period after 4 continuous hours. source

Unions and dismissal

Florida is a right-to-work state: a union contract cannot require you to pay dues or fees to keep your job. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract. source

Also worth knowing in Florida

  • Florida's minimum wage reached $15.00 on September 30, 2026, the last of the $1 yearly steps voted in 2020 (Amendment 2); from September 30, 2027 it will rise with inflation each year. source
  • Cities and counties cannot set their own private-sector minimum wage or mandate benefits such as paid sick leave; local living-wage rules only reach the local government's own workforce and certain contractors. source
  • The minimum wage is in the state constitution (Article X, Section 24), and the right to work is in the Declaration of Rights (Article I, Section 6). source

Questions people ask

What is the Florida minimum wage right now?

It is $15.00 an hour since September 30, 2026. From January 1 to September 29, 2026 it was $14.00. Tipped employees must receive at least $11.98 an hour in cash, with tips covering the rest. The next change comes on September 30, 2027, when the rate will be adjusted for inflation under the state constitution.

Can a Florida city set a higher minimum wage?

Not for private employers. Florida law forbids counties and cities from requiring businesses to pay a local minimum wage above the state rate, or to provide benefits beyond those required by state or federal law. Local living wage ordinances apply only to the local government itself and to some of its contractors, not to private businesses in general.

Do Florida employers have to pay out unused vacation?

No Florida statute requires it. Whether accrued vacation is paid when you leave depends on the employer policy, the handbook or your contract. If the written policy promises a payout, it can be enforced as a wage claim. Federal law does not require vacation pay either, so read the policy before your last day.

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Publisher of the state-by-state guide to US employment law: minimum wage, overtime, leave, final pay and breaks

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on