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Florida minimum wage: rates and effective dates
Florida Commerce’s 2025 notice sets out the following schedule. The $15 rate was described in that notice as scheduled to begin September 30, 2026; the notice itself is not a post-effective confirmation. Employers setting current payroll rates should check the latest Florida Commerce guidance.
| Effective period | Regular minimum wage | Minimum cash wage for tipped employees |
|---|---|---|
| September 30, 2025–September 29, 2026 | $14.00 per hour | $10.98 per hour, plus tips |
| Scheduled beginning September 30, 2026 | $15.00 per hour | Not stated in the cited 2025 notice for this period |
Florida Commerce says the voter-approved schedule provides for annual inflation adjustments after 2027. A tipped cash wage is not the same as the full minimum wage: employers must account for tips under applicable rules so that the worker receives the required minimum.
Federal wage, overtime and recordkeeping rules
The federal Fair Labor Standards Act (FLSA) sets minimum-wage, overtime, recordkeeping and youth-employment standards. The U.S. Department of Labor states that the federal minimum wage is $7.25 per hour, effective since July 24, 2009. When both Florida and federal minimum-wage requirements apply, the higher rate controls; Florida’s stated regular rates are higher during the periods listed above.
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- Covered, nonexempt employees generally must receive at least one and one-half times their regular rate for hours worked over 40 in a workweek.
- Coverage and exemptions matter: the federal rules do not treat every worker or job identically.
- FLSA recordkeeping requirements apply to covered employers, and employers must display the official FLSA poster.
For worker classification under the FLSA, the Department of Labor’s Fact Sheet 13 describes an economic-realities analysis that considers the entire working relationship. A contract label alone does not settle whether someone is an employee. Other laws may use different classification tests.
Leave: check employer coverage and employee eligibility separately
The Family and Medical Leave Act (FMLA) generally covers private employers with 50 or more employees, according to the Department of Labor’s major-laws overview. Eligible employees of covered employers may take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons.
Employer coverage does not by itself establish that a particular worker qualifies. Employee eligibility and the reason for leave must also meet FMLA requirements. Other leave obligations may apply depending on the employer, worker or circumstances.
Discrimination protections do not share one employee-count threshold
Federal equal-employment laws protect against discrimination based on characteristics including race, color, religion, sex (including pregnancy, transgender status and sexual orientation), national origin, age 40 or older, disability and genetic information. The EEOC’s coverage guidance explains that employee-count thresholds vary by law and employer type; some immigration-related protections reach smaller employers. Do not rely on one universal headcount rule to determine which protections apply. Florida Civil Rights Act coverage should be evaluated separately.
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New-hire verification and E-Verify
FloridaCommerce says all employers must verify each new hire within three business days of the employee’s start of work. Private employers with 25 or more employees must use E-Verify. Smaller employers still follow the employment-eligibility documentation process associated with Form I-9.
Florida’s 2026 statute provides details such as annual certification, record retention and procedures for system unavailability. Use current USCIS and E-Verify instructions consistently; do not ask workers for particular documents selectively.
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Workers’ compensation coverage depends on industry
Florida Department of Financial Services guidance sets different coverage thresholds by industry. The general thresholds are:
| Employer category | General threshold in Florida DFS guidance |
|---|---|
| Construction | One or more employees |
| Non-construction | Four or more employees |
| Agriculture | Six regular employees and/or qualifying seasonal workers |
These are general thresholds, not a complete determination for every business. Owner inclusion, exempt officers or members, sole proprietors, partners, seasonal-worker qualifications and out-of-state work can affect the result. Consult the Florida DFS coverage requirements for the particular entity and work arrangement.
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Florida reemployment tax in 2026
Florida’s Department of Revenue says the 2026 taxable wage base is the first $7,000 in wages per employee. The listed employer tax-rate range is 0.1% to 5.4%. Rates are assigned to employers and can depend on experience, delinquencies and other account-specific facts, so an employer should use its assigned rate notice rather than assume it qualifies for the minimum.
What this overview does not settle
These are core statewide and federal requirements, not a complete audit of every workplace obligation. Local ordinances, industry-specific rules, federal-contractor requirements, safety standards, payroll taxes and later legal developments may add requirements. For a particular workplace, confirm current agency guidance and the controlling law or consult qualified counsel.
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