Florida has constitutional minimum wage protections and some local wage theft enforcement mechanisms that give workers options beyond federal law alone. Here is what Florida workers need to know.
Minimum Wage in Florida (2025)
The Florida minimum wage is $13.00 per hour as of September 30, 2024. Florida voters amended the state constitution in 2020 (Amendment 2) to gradually increase the minimum wage to $15.00 by 2026, with annual $1.00 increases each September 30.
Scheduled increases:
| Date | Minimum Wage |
|---|---|
| Sept 30, 2024 | $13.00 |
| Sept 30, 2025 | $14.00 |
| Sept 30, 2026 | $15.00 |
Tipped employees. Florida allows a tip credit of up to $3.02 per hour. Tipped workers can be paid a minimum of $9.98 per hour (in 2025) if tips bring total hourly earnings to at least $13.00. The same tip shortfall make-up requirement applies as under federal law.
Local rates. Florida law generally preempts local governments from setting minimum wages above the state rate, though Miami-Dade County has a wage theft ordinance that provides additional enforcement mechanisms (see below).
Overtime Pay in Florida
Florida does not have its own overtime law. The federal FLSA applies: non-exempt employees earn 1.5 times their regular rate for all hours over 40 in a workweek. There is no daily overtime requirement.
Final Paycheck Rules in Florida
Florida does not have a specific statute mandating a deadline for final paychecks beyond the general requirement that wages be paid on the employer’s regular payday schedule.
| Separation Type | Deadline |
|---|---|
| Any separation | Next regular payday |
In practice, Florida employers must pay the final paycheck on the next scheduled payday after the last day of work. There is no “immediate payment upon termination” requirement as in California.
Vacation pay. Florida does not require employers to pay out accrued vacation upon termination unless the employment contract or company policy promises it. If your employer has a written policy promising vacation payout and fails to honor it, you may have a breach of contract claim.
Miami-Dade County Wage Theft Ordinance
Miami-Dade County enacted one of the first local wage theft ordinances in the US in 2010. The ordinance provides:
- Broader coverage. The ordinance covers all workers in Miami-Dade County regardless of immigration status, including domestic workers and independent contractors who are economically dependent on a single employer.
- Administrative enforcement. Workers can file complaints with the Miami-Dade Commission on Human Rights, which has authority to investigate and order restitution.
- Short deadline. Complaints must be filed within 1 year of the date wages were due.
- Damages. Successful claimants may recover unpaid wages plus an equal amount in damages (doubling the recovery), plus interest and filing fees.
If you work in Miami-Dade County, the local ordinance provides an accessible, free enforcement option alongside federal and state options.
Florida’s Civil Theft Statute
Florida has an unusual tool that workers can use against wage theft: the civil theft statute (Florida Statutes Section 772.11). If a court finds that an employer intentionally committed wage theft — meaning they knowingly refused to pay wages they were legally required to pay — the worker may recover three times the amount of the unpaid wages plus attorney fees.
The “civil theft” route requires proving intentional wrongdoing (more than just negligence), but for cases of clear intentional underpayment, it can dramatically increase the recovery.
Real Situations: Common Florida Wage Disputes
Tourism and hospitality misclassification. Florida’s large hospitality and tourism industry generates many wage theft cases involving tipped workers — banquet servers, hotel staff, and bartenders paid below minimum wage when tips are insufficient to bring them up to the required rate. Florida employers are required to monitor tip earnings each week and make up any shortfall; many do not.
Construction subcontractor chains. Florida’s construction industry frequently uses multiple layers of subcontractors. When the subcontractor at the bottom of the chain fails to pay workers, the question becomes whether a general contractor or upstream subcontractor qualifies as a joint employer. Florida courts have found joint employer liability in some construction chain cases.
Domestic worker exclusions. Housekeepers, nannies, and home health aides employed by private households are excluded from Florida’s version of certain state labor protections, but the FLSA covers domestic workers who work more than 8 hours per week for a household employer. The Miami-Dade ordinance expressly covers domestic workers.
Common Mistakes Florida Workers Make
Not knowing about the Miami-Dade ordinance. Workers in Miami-Dade often file only federal FLSA complaints without knowing about the local ordinance, which provides a faster and equally effective path to recovery with broader coverage.
Confusing Florida’s civil theft statute with criminal theft. Florida’s civil theft statute is a private civil claim — you do not need to convince a prosecutor to bring criminal charges. You file a civil lawsuit directly and can recover treble damages.
Waiting too long. Florida’s statute of limitations for breach of contract wage claims is five years (written contract) or four years (oral contract). While these deadlines seem long, workers who wait years may find that records have been destroyed or witnesses have moved on.
How to File a Wage Claim in Florida
Option 1 — Department of Labor (FLSA). File a complaint with the federal Wage and Hour Division at dol.gov/agencies/whd/contact. Free, no attorney required. 2–3 year statute of limitations.
Option 2 — Miami-Dade Wage Theft Ordinance (Miami-Dade County only). File with the Miami-Dade Commission on Human Rights. Must file within 1 year of the date wages were due.
Option 3 — Civil lawsuit. File in Florida circuit or county court for breach of contract, or in federal court for FLSA claims. Florida civil theft claims can be added for intentional wage theft and may triple the recovery.
Option 4 — Small Claims Court. For claims up to $8,000, Florida small claims court provides an accessible forum without requiring an attorney.
Statute of Limitations
| Claim Type | Limitation Period |
|---|---|
| FLSA (federal, non-willful) | 2 years |
| FLSA (federal, willful) | 3 years |
| Miami-Dade Wage Theft Ordinance | 1 year |
| Florida breach of written contract | 5 years |
| Florida civil theft claim | 5 years |
Related Guides
- Employment Rights Guide — federal wage and overtime rules that apply in Florida
- Florida Small Claims Court — sue for unpaid wages up to $8,000 without a lawyer
- Florida Eviction Notice Requirements — tenant protections if wage loss affects your housing
- Florida Security Deposit Laws — your rights as a Florida renter
- Florida Tenant Rights Guide — complete tenant rights guide for Florida renters
This article is for informational purposes only and does not constitute legal advice. Always verify current rates and rules at floridajobs.org or consult a licensed Florida employment attorney. Last reviewed: March 2026.