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Florida Employment Law: Wages, Final Pay, Breaks and Your Rights at Work

Florida employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.

Quick answers for Florida

Minimum wage
$15.00 per hour, effective September 30, 2026, and in effect through December 31, 2027. Starting in September 2027, the rate will again be adjusted each year for inflation, with each new rate taking effect the following January 1. Florida Constitution, Art. X, § 24; FloridaCommerce minimum wage announcement (Sept. 30, 2026)
Meal and rest breaks
No state requirement for adults. Florida's break rules apply only to minors. U.S. Department of Labor state meal period table

Last verified: 2026-10-26

Pay

Minimum wage$15.00 per hour, effective September 30, 2026, and in effect through December 31, 2027. Starting in September 2027, the rate will again be adjusted each year for inflation, with each new rate taking effect the following January 1.
Next scheduled change: an inflation-adjusted rate takes effect January 1, 2028 (amount to be announced in September 2027). Florida cities and counties may not require private employers to pay a different minimum wage or provide employment benefits (such as sick leave) beyond state or federal law (Fla. Stat. § 218.077: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0218/Sections/0218.077.html).
Source: Florida Constitution, Art. X, § 24; FloridaCommerce minimum wage announcement (Sept. 30, 2026)
Tipped minimum wageTipped employees who qualify under federal rules must be paid a direct cash wage of at least $11.98 per hour (the $15.00 minimum wage minus a $3.02 tip credit), effective September 30, 2026. Tips must bring total pay up to at least $15.00 per hour.
Source: Florida Constitution, Art. X, § 24; FloridaCommerce minimum wage announcement (Sept. 30, 2026)
OvertimeFollows the federal FLSA: time-and-a-half after 40 hours in a workweek for covered, non-exempt employees.
Source: Federal Fair Labor Standards Act
How often you must be paidNo Florida rule on how often private employers must pay wages.
Source: U.S. Department of Labor state payday table (Florida: no regulations or not specified)

Breaks and leave

Meal and rest breaksNo state requirement for adults. Florida's break rules apply only to minors.
Source: U.S. Department of Labor state meal period table

Leaving a job

Unemployment benefitsApply for Reemployment Assistance with FloridaCommerce online through Reconnect, which also lets claimants check claim status and payments.
Source: FloridaCommerce, Reemployment Assistance

Firing, retaliation and discrimination

Whistleblower and retaliation protectionThe Florida Private Whistleblower Act covers employers with 10 or more employees. An employer may not retaliate against an employee who (1) disclosed or threatened to disclose a legal violation to a government agency, under oath and in writing, after first reporting it in writing to the employer and giving it a chance to fix it; (2) gave information or testimony in an investigation; or (3) objected to or refused to take part in an illegal activity, policy or practice.
Source: Fla. Stat. §§ 448.101(3), 448.102
Job discrimination complaintsFlorida Commission on Human Relations (FCHR). The Florida Civil Rights Act covers employers with 15 or more employees. A complaint must be filed with the Commission within 365 days of the discriminatory act.
File a complaint: https://fchr.myflorida.com/
Source: Fla. Stat. §§ 760.02(7), 760.11(1)
Non-compete agreementsEnforceable by statute if in writing, signed, and reasonably necessary to protect a legitimate business interest. For a former employee (not tied to a business sale), a restriction of 6 months or less is presumed reasonable and more than 2 years is presumed unreasonable. Under the 2025 CHOICE Act, employers may use non-competes of up to 4 years with higher-paid employees (earning more than twice the annual mean wage of the relevant Florida county), subject to the Act's requirements; health care practitioners are excluded from that Act.
CHOICE Act definitions: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0542/Sections/0542.43.html
Source: Fla. Stat. § 542.335; Fla. Stat. § 542.43 (CHOICE Act)

Where to get help in Florida

Employment Law FAQ

What is the minimum wage in Florida?
$15.00 per hour, effective September 30, 2026, and in effect through December 31, 2027. Starting in September 2027, the rate will again be adjusted each year for inflation, with each new rate taking effect the following January 1.
What is the tipped minimum wage in Florida?
Tipped employees who qualify under federal rules must be paid a direct cash wage of at least $11.98 per hour (the $15.00 minimum wage minus a $3.02 tip credit), effective September 30, 2026. Tips must bring total pay up to at least $15.00 per hour.
What are the overtime rules in Florida?
Follows the federal FLSA: time-and-a-half after 40 hours in a workweek for covered, non-exempt employees.
Are breaks required by law in Florida?
No state requirement for adults. Florida's break rules apply only to minors.
How often must employees be paid in Florida?
No Florida rule on how often private employers must pay wages.
Is it illegal to fire someone for reporting a violation in Florida?
The Florida Private Whistleblower Act covers employers with 10 or more employees. An employer may not retaliate against an employee who (1) disclosed or threatened to disclose a legal violation to a government agency, under oath and in writing, after first reporting it in writing to the employer and giving it a chance to fix it; (2) gave information or testimony in an investigation; or (3) objected to or refused to take part in an illegal activity, policy or practice.
Where do I file a job discrimination complaint in Florida?
Florida Commission on Human Relations (FCHR). The Florida Civil Rights Act covers employers with 15 or more employees. A complaint must be filed with the Commission within 365 days of the discriminatory act.
Are non-compete agreements enforceable in Florida?
Enforceable by statute if in writing, signed, and reasonably necessary to protect a legitimate business interest. For a former employee (not tied to a business sale), a restriction of 6 months or less is presumed reasonable and more than 2 years is presumed unreasonable. Under the 2025 CHOICE Act, employers may use non-competes of up to 4 years with higher-paid employees (earning more than twice the annual mean wage of the relevant Florida county), subject to the Act's requirements; health care practitioners are excluded from that Act.
How do I apply for unemployment in Florida?
Apply for Reemployment Assistance with FloridaCommerce online through Reconnect, which also lets claimants check claim status and payments.

Employment Law in other states

More Florida law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.