Florida Employment Law and Compliance Resources
MINIMUM WAGE & OVERTIME PAY
Minimum Wage: The minimum wage in Florida is currently $13, but by September 1, 2025, it will increase to $14 per hour. This is based on a constitutional amendment that will gradually increase the minimum wage in the state to $15.
Overtime Pay: Florida has no state-specific rules about overtime pay; instead, federal regulations on overtime apply across Florida. Non-exempt employees who work more than 40 hours per week are entitled to overtime pay, which is 1.5 times their regular hourly rate.
TIPPED MINIMUM WAGE
Tip Credit: Florida employers can take a maximum tip credit of $3.02, bringing down the minimum cash wage they must cover to $9.98. If an employee's tip and direct cash wage don’t meet the state’s minimum wage, employers must cover the difference.
Scheduled Increase: It’s also important to note that these rates are subject to change, especially in the case of Florida and the state’s scheduled minimum wage increase until 2026 and potentially in the succeeding years.
As Florida's minimum wage increases toward $15 by 2026, tipped employees may see changes in how their tips are credited against their base pay. Employers will need to ensure compliance with both state and federal wage laws.
WAITING & ON-CALL TIME
Waiting Time: Florida follows FLSA guidelines. If an employee is required to wait on duty, such as a receptionist or technician, this time is paid.
On-Call Time: If an employee must stay on-premises with limited personal freedom, it's paid. If they can leave or stay home with few restrictions, it’s typically unpaid.
MEAL BREAKS & REST PERIODS
Florida does not require meal breaks or rest periods, and FLSA does not mandate them either. It’s up to employers to establish a break policy.
However, workers under 18 in Florida are entitled to a 30-minute uninterrupted break.
Paid Leave & Final Pay
Paid Leave
Florida has no state-mandated paid leave, and it’s the employer’s prerogative to offer these benefits.
Under federal law, however, some Florida employees may be eligible for unpaid leave under the Family and Medical Leave Act (FMLA). If it’s for a specific reason, such as the birth of a child or a serious health condition affecting the employee or family member, they can be eligible for 12 weeks of unpaid leave. Other criteria include hours of service, employment duration, business location, and workforce size.
Final Pay
Florida has no final pay rules regarding when employers should issue the final paycheck for employees who left or were let go from the organization. Typically, it’s best practice for Florida employers to issue the final paycheck by the next scheduled payday unless they have existing company policies or employment agreements.
Child Labor Laws
In Florida, minors are only allowed to work a certain number of hours and are also restricted in what time of day they can work.
Minors 14 and 15 can work 3 hours per day (8 hours on Saturday and Sunday) and 15 hours per week when school is in session. When school is not in session, they can work 8 hours per day, 40 hours per week, 6 days per week. They are also not allowed to work between 7 p.m. and 7 a.m. before or on a school day. During holidays and summer vacation, they are not allowed to work between 9 p.m. and 7 a.m.
Meanwhile, minors 16 and 17 can work more than 30 hours a week even when school is in session, provided there’s appropriate consent. There are no restrictions when school is not in session. Work is also prohibited from 11 a.m. to 6:30 a.m when school is scheduled the following day.
Florida State Payroll Taxes
Reemployment Tax
Reemployment tax in Florida is paid by employers and is not deducted from employee wages. It’s administered by the Florida Department of Revenue to pay reemployment assistance benefits to eligible individuals. The tax is applied to the first $7,000 in wages paid to each employee during a calendar year, with rates ranging from 0.1% to 5.4%.
Other Laws
Jury Duty
Certain counties in Florida require employers to compensate employees on jury duty. In Broward, full-time employees are entitled to compensation for up to five days of jury service. Meanwhile, employees in Miami-Dade are entitled to pay while on jury duty when the following conditions are met:
- The employee has a regularly scheduled workweek of at least 35 hours.
- The employee provides a copy of the summons at least five working days prior.
- The employee is serving their jury duty in Miami-Dade County.
- The employer has 10 or more full-time employees.
- The employer has offices or does business in Miami-Dade County.
Other Resources on State Labor Laws
What's Included
-
Want to learn more about a specific feature?
Get a demo
-
Push Notifications & Alerts
AI Scheduling
Leave Management
Estimated Wage Loss
Reporting
Automated Compliance Engine
Compliance doesn’t have to be complicated. Focus on growing your business with confidence.