Florida Minimum Wage: Current Rate & Scheduled Increases

Florida's minimum wage law contains limited statutory exemptions. Employees of the federal government are exempt because federal law governs their wages. Certain specialized workers in the motion picture, theatrical, radio, and television industries may be exempt under specific conditions defined by rule. Apprentices enrolled in approved apprenticeship programs may be paid at a lower rate during their apprenticeship phase, though they must still receive at least 75% of the applicable minimum wage. However, once an apprentice completes the program, they must receive the full minimum wage.

Employers may not use a "training wage" exception as exists in some states—Florida does not allow a subminimum wage for new or young employees. Tipped employees must receive the full $14.00 minimum wage in addition to any tips (no tip credit is allowed in Florida). Independent contractors are not covered, but the classification itself is strictly examined; misclassification of an employee as a contractor does not shield an employer from minimum wage liability. Piece-rate and commission-based compensation must be structured so that the employee's total earnings (dividing total compensation by hours worked) equal or exceed the minimum wage. Small businesses, nonprofits, and startups do not receive an exemption; all employers must comply regardless of size or profit status. Family-owned businesses also have no special exemption. The federal preemption doctrine does not apply in Florida's favor; when state law is more protective, state law controls.

Step 1 — Document Your Claim. Keep detailed records of all hours worked (screenshots of time-tracking systems, written logs, emails showing work times, or any contemporaneous documentation). Preserve pay stubs showing wages paid. Note the dates and amounts by which your pay fell below $14.00 per hour. Save all communications with your employer about pay, including emails, text messages, and notes from conversations. Take screenshots or photographs of any handwritten timesheets. This documentation is critical because the burden of proof rests with you, and employers often dispute wage claims.

Step 2 — Attempt Internal Resolution (Optional but Recommended). Request a written explanation from your employer or payroll department regarding the wage discrepancy. Send an email asking specifically why your hourly wage is below $14.00 per hour, and request a written response within 5 business days. Keep a copy of this request. This step creates a paper trail and may prompt correction without formal legal action. However, you are not required to complete this step before filing a complaint; it is a practical choice to document whether the employer will voluntarily remedy the violation.

Step 3 — File a Complaint with the Florida Department of Economic Opportunity (DEO) or Pursue a Private Lawsuit. You have two options: (A) File with the DEO Labor Section online at www.myflorida.com/apps/lsf/business/complaint.html or by phone at 1-800-342-8099. You may also file in person at a local DEO office. Provide your name, employer name, address, dates of alleged violation, and amounts owed. There is no filing fee and no strict deadline (though filing sooner strengthens your case). (B) File a lawsuit directly in Florida circuit court (or small claims court if the amount is below $5,000) without filing with DEO first. For a private lawsuit, you have 4 years from the date of the violation to file, based on Florida's common law statute of limitations for wage claims.

Step 4 — Expect the Investigation and Resolution Process. If you file with the DEO, an investigator from the Wage and Hour Section will contact you and your employer, request documentation, and review time records and pay records. This process typically takes 30 to 90 days, though complex cases may take longer. The DEO will issue a determination; if a violation is found, the employer is ordered to pay unpaid wages plus penalties up to $500 per violation. If the employer does not comply, the DEO can refer the case for further enforcement. If you file a private lawsuit, expect the court process to take 6 to 18 months depending on the case complexity and local court docket. During discovery, both sides exchange documents and may conduct depositions.

Step 5 — Consult an Attorney. Before filing with DEO or court, consult an employment lawyer licensed in Florida. Many employment attorneys work on contingency (no upfront cost) and are paid a percentage of any award recovered. Attorneys can assess the strength of your claim, calculate damages (unpaid wages plus penalties), advise whether to file with DEO or go directly to court, and represent you in negotiations or litigation. Contact the Florida Bar Lawyer Referral Service at www.floridabar.org or 1-800-342-8060 to find an employment law attorney in your area.