Wage and overtime claims in Florida
Florida workers have a constitutional right to minimum wage
Florida's minimum wage is set by the state constitution (Article X, Section 24) and the Florida Minimum Wage Act (Fla. Stat. § 448.110). It is rising in steps, and workers who are paid less can recover the difference plus an equal amount in liquidated damages. Usher Law Group's founding attorney, Mikhail Usher, is admitted to practice in Florida.
Florida minimum wage
| Period | Minimum wage | Tipped cash wage |
|---|---|---|
| September 30, 2025 to September 29, 2026 | $14.00 | $10.98 |
| From September 30, 2026 | $15.00 | $11.98 |
The tip credit is fixed at $3.02 an hour. After the $15.00 step, the rate will be adjusted for inflation each year, with the first adjusted rate taking effect on January 1, 2028.
Overtime in Florida
Florida does not have its own overtime statute. Overtime for Florida workers comes from the federal Fair Labor Standards Act: one and a half times the regular rate for hours over 40 in a workweek, with a two-year time limit, or three years for willful violations.
Before you sue: the 15-day notice
Florida law requires a written notice to the employer before a minimum wage lawsuit is filed. The employer then has 15 calendar days to pay. The time limit to sue is paused while the notice period runs.
Deadlines and recovery
- Minimum wage claims: four years, or five years if the violation was willful
- Unpaid wages plus an equal amount in liquidated damages
- Attorney's fees and costs
- Retaliation for asserting minimum wage rights is unlawful (§ 448.110(5))
Miami-Dade County Wage Theft Ordinance
Workers in Miami-Dade County can also bring a claim under the county's Wage Theft Ordinance for unpaid wages of $60 to $15,000 for work performed in the previous 12 months. A hearing examiner can award up to three times the unpaid wages.
Other Florida workplace protections
The Florida Civil Rights Act prohibits discrimination by employers with 15 or more employees, and the Florida Private Whistleblower Act protects employees of private employers with ten or more employees who object to or refuse to take part in violations of law. See discrimination and harassment and retaliation.
Frequently asked questions
What is the minimum wage in Florida?
It is $14.00 an hour until September 29, 2026, and $15.00 an hour from September 30, 2026. The cash wage for tipped workers is $10.98, rising to $11.98.
Does Florida have its own overtime law?
No. Overtime for Florida workers is governed by the federal Fair Labor Standards Act, which requires time and a half for hours over 40 in a workweek for non-exempt employees.
Do I have to warn my employer before suing for minimum wage?
Yes. Florida requires a written notice to the employer, which then has 15 calendar days to resolve the claim. The time limit to sue is paused during that period.
Who handles Florida matters at Usher Law Group?
Florida matters are handled by our Aventura office at 18851 NE 29th Avenue, Suite 200, Aventura, FL 33180, (754) 258-3270.