(650) 332-8623Florida Labor Laws: Wages, Breaks and Overtime (2026)
Florida labor laws explained for employers: minimum wage, overtime, child labor, breaks, and recordkeeping. Updated for 2026.
What’s new in 2026?
Florida meals and breaks
No lawFor lunch breaks
Under Florida lunch break laws, employers owe no meal breaks to employees 18 and older.
Exception: Minors aged 17 and under must receive a 30-minute unpaid meal break (for >4 hours of work).
No lawFor rest breaks
Employers are not required to provide rest breaks for employees.
Per FLSA, breaks lasting 5 to 20 minutes are considered part of the workday and must be paid as working time.
Florida leave and paid time off (PTO)
Florida has no state-mandated sick leave law. Private employers are not required to provide paid or unpaid sick leave. Many offer it voluntarily as a benefit.
- If provided, employers must adhere to their own established policies and comply with any applicable federal standards.
State preemption prevents local governments from creating sick leave laws different from state law.
Florida adheres to federal Family and Medical Leave Act (FMLA) standards. This law allows eligible employees up to 12 weeks of unpaid leave within a 12-month period for certain family and medical reasons.
- Eligibility: Employer must have 50+ employees within 75 miles of the employee’s worksite. Worker must have 12 months of service and 1,250 hours in the prior year.
- Coverage: Serious health conditions, childbirth, adoption, or care for a seriously ill family member. Leave is unpaid. The job is protected.
Florida has no mandatory bereavement leave law. Employers are not required to provide time off after an employee’s family member dies.
Employers who offer bereavement leave set their own policies on length and eligibility. Three to five days is common.
Florida has no emergency response leave law for private-sector employees. Employers may offer it voluntarily.
Volunteer firefighters, paramedics, and law enforcement have specific protections when called to duty. Those rules do not apply to private-sector construction workers.
Florida has no mandatory holiday leave or holiday pay law. Employers are not required to give time off or pay premium rates for holidays.
- Employer Discretion: Employers can choose to observe holidays and set policies for holiday pay, but it is not legally required.
- State Employees: Some state holidays are recognized for public-sector employees, but private employers are not bound by these provisions.
Florida has no mandatory vacation leave law. Employers are not required to provide paid or unpaid vacation.
- Employer policy governs: Accrual, carryover, and payout rules are set by the employer.
- “Use-It-or-Lose-It” Policies: These policies are permitted in Florida. Employers may require employees to use accrued vacation by a set date or forfeit it.
Florida protects the rights of employees who are members of the U.S. armed forces, National Guard, or reserves, ensuring their employment rights when called to active duty.
- Job protection: Florida follows the federal USERRA. Employees who serve in the military have guaranteed reinstatement rights.
- Pay during leave: Not required. Employers may offer paid military leave voluntarily.
There is no state requirement for employers to provide time off for voting in Florida.
Employers may voluntarily offer voting leave. There is no Florida law requiring it.
Employers must provide leave for jury duty. Regular employees with set schedules are entitled to their regular pay for the first 3 days. Other employees receive unpaid leave.
- Job Protection: Employers cannot penalize employees for taking leave for jury duty.
- Employer Obligations: Florida law prohibits employers from discharging, threatening, or coercing employees to serve as jurors.
Florida employers can’t discharge employees called to serve as witnesses in legal proceedings.
Florida requires employers with 50+ employees to provide up to 3 working days of leave per year. This applies when an employee or household member is a victim of domestic violence or sexual assault. The employee must have at least 3 months of service.
- Eligibility and Usage: The leave can be used to seek medical attention, obtain legal assistance, relocate, or attend court proceedings.
- Conditions: Paid or unpaid at the employer’s discretion. The employee must exhaust available paid leave first. Advance notice and documentation are required except in emergencies.
Florida wages and overtime
$14.00/hourMinimum wage
Florida’s minimum wage is $14.00 per hour as of September 30, 2025. The Florida minimum wage 2026 rate rises to $15.00 on September 30, 2026 — the final step of the Amendment 2 phase-in. From 2027 onward, the rate adjusts annually for inflation via the Consumer Price Index. Florida contractors should plan for the September 2026 increase now.
1.5x hourlyOvertime rate
Under Florida overtime law, employers must pay eligible employees 1.5 times their regular hourly rate for any hours worked over 40 in a workweek.
The FLSA Florida salary exemption threshold is $684 per week ($35,568 annually). A federal court in Texas vacated the Biden DOL’s proposed $1,128/week rule on November 15, 2024.
The $684/week threshold is the enforceable standard for all U.S. employers. Florida contractors who relied on the $1,128 figure to classify salaried crew members should review those classifications now.
$10.98/hourTipped minimum wage
The Florida tipped minimum wage is $10.98 per hour as of September 30, 2025. Employers may take a tip credit of up to $3.02 per hour. Combined tips and wages must equal at least $14.00 per hour.
Starting September 30, 2026, the tipped minimum wage rises to $11.98 per hour. The $3.02 tip credit remains unchanged.
No lawPay frequency
Florida pay frequency rules do not exist. Florida and Alabama are the only two states with no regulation governing pay frequency.
Employers have the flexibility to establish their preferred pay schedules, as long as they are consistent and comply with their stated pay periods.
Florida law prohibits local governments from establishing their own minimum wages. All counties and municipalities adhere to the state-mandated minimum wage.
HB 433 (signed April 2024) goes further: effective September 30, 2026, it voids local living-wage ordinances and predictive-scheduling laws entirely. Miami-Dade County’s living wage requirement ends on that date.
- Tipped employees: Tipped workers in Florida can be paid $10.98 per hour. Tips must bring their total earnings to at least $14.00 per hour. The $3.02 tip credit applies.
- Workers with disabilities: Employers may pay workers with disabilities less than the minimum wage under specific conditions, provided they have a certificate from the U.S. Department of Labor.
- Full-time students and learners: Full-time students in retail, service, agriculture, or at colleges and universities can be paid 85% of Florida’s minimum wage. The employer must obtain a DOL certificate. Hours cap: 20/week when school is in session; 40/week when out.
Certain workers are exempt from Florida’s minimum wage. Most exemptions follow federal FLSA categories.
Exempt roles include executives, administrators, professionals, outside sales staff, and some agricultural workers, based on job duties, salary level, and pay structure.
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Florida prevailing wages
Currently, there is no prevailing wage law under Florida state law. Florida initially enacted a prevailing wage law in 1933, but it was repealed in 1979. As a result, Florida does not mandate any statewide prevailing wage requirements for public works or construction projects.
No law requires Davis-Bacon compliance on state-, county-, or city-funded projects in Florida.
However, federally funded public construction projects within Florida are governed by the Davis-Bacon Act (DBRA). Contractors must pay locally prevailing wages on all federally funded work. DBRA does not apply to state, county, or city funding. Florida is a “Little Davis-Bacon” state.
Local Regulations: While Florida does not have a statewide prevailing wage law, some cities and counties have adopted local rules. Examples:
- Orlando applies Davis-Bacon wages to its city-funded construction projects, even though Orange County does not impose such requirements.
- Miami-Dade County has also chosen to implement prevailing wage requirements for certain local projects.
These local initiatives reflect the flexibility municipalities have in deciding whether to adopt prevailing wage regulations for public works projects. Outside those cities, no prevailing wage rules apply on state or local construction work.
Florida prevailing wage resources
- U.S. Department of Labor – Davis-Bacon Wage Determinations: A key resource for finding federal prevailing wage determinations applicable to federally-funded construction projects in Florida.
- Wage Determinations Online (SAM.gov): This is the official federal portal for finding wage determinations under the Davis-Bacon Act and other federal contracts.
- Florida Department of Commerce (FloridaCommerce): FloridaCommerce does not set prevailing wages but provides workforce guidance. It is a useful resource for general wage trend data.
Florida child labor laws
Florida child labor law caps hours, restricts occupations, and applies stricter rules when state law exceeds federal minimums. Requirements differ by age group.
<14 Years
Laws in Florida for children under 14
- Prohibited Employment: Children under 14 are generally not permitted to work in most occupations in Florida, with limited exceptions such as newspaper delivery, family businesses, and entertainment roles.
- Exemptions: Certain activities like household chores for neighbors and specific agricultural work are permitted if they do not interfere with schooling
14-15 years
Laws in Florida for minors aged 14-15
Work hours when school is in session:
- Max 15 hours per week and 3 hours per day on school days.
- On Saturdays, Sundays, and non-school days, up to 8 hours per day.
- Allowed to work between 7 a.m. and 7 p.m. but not during school hours.
Work hours when school is not in session (June 1 to Labor Day):
- Up to 8 hours per day and 40 hours per week.
- Can work between 7 a.m. and 9 p.m.
Restricted occupations: This age group is prohibited from working in hazardous roles, such as operating power-driven machines, roofing, or handling toxic substances.
Breaks and days off:
- Cannot work more than 4 hours without a 30-minute, uninterrupted meal break.
- Not allowed to work more than 6 consecutive days per week throughout the year.
16-17 years
Laws in Florida for minors aged 16-17
Florida child labor 16-17 work hours when school is in session:
- Default cap: 30 hours per week. A parent/guardian or school superintendent can sign a DBPR waiver form to remove this cap entirely (HB 49, effective July 1, 2024).
- 8 hours per day on non-school days, and no more than 6 consecutive days per week.
- May work between 6:30 a.m. and 11 p.m. when school is scheduled the following day.
- HB 49 permits 16–17 year olds to work more than 8 hours on Sundays and holidays even when school follows the next day.
Work hours when school is not in session:
- Unlimited hours during non-school weeks, summer vacation, and non-school days.
- Can work up to 8 hours per day between 5 a.m. and midnight.
Breaks:
- If working 8 or more hours in one day, must take a 30-minute meal break after 4 consecutive hours of work.
Residential construction work (HB 917, effective April 26, 2024):
- Minors aged 16-17 may perform limited residential construction work under HB 917. The minor must hold an OSHA-10 certification before starting work.
- The supervising adult must be at least 21 years old, have a minimum of 2 years of construction experience, and hold an OSHA-10 certification. Direct, on-site supervision is required at all times.
- The work must not violate federal FLSA child labor rules, OSHA regulations, or any federal law related to minors. FLSA Hazardous Occupations Orders still prohibit minors from scaffolding, roofing, superstructures, or ladders 6 feet or taller.
- Florida contractors hiring teenage crew members on residential job sites must verify both the minor’s and supervisor’s OSHA-10 credentials before scheduling work. Contact Florida DBPR to confirm requirements.
2025 legislative update: HB 1225 and SB 918, which proposed further rollbacks to child labor hours for 16–17 year olds, died in the 2025 session. HB 1225 passed the House but SB 918 never reached the Senate floor. Both bills were indefinitely postponed when excluded from the session extension resolution (HCR 1631) adopted in May 2025. Current law (post-HB 49) remains in effect unchanged.
Other essential Florida labor laws
Health and safety standards in Florida
Florida has no state OSHA plan. Federal OSHA, the applicable standard for Florida OSHA compliance, covers all private-sector employers in the state.
Important for Florida construction contractors: HB 433 (signed April 2024, effective July 1, 2024) preempts all local heat-safety ordinances statewide. No city or county in Florida can require employers to provide water breaks, shade, or cooling rest periods beyond federal OSHA’s General Duty Clause. Outdoor construction crews in Florida are governed by OSHA’s voluntary heat illness prevention guidance — not any local rule. OSHA current maximum penalty for a willful or repeated violation is $165,514 (effective January 15, 2025).
In Florida, employers must:
- Provide a safe workplace: Eliminate jobsite hazards, supply safety gear, and keep equipment in safe condition.
- Train employees properly: Employers must provide training about workplace hazards, safety protocols, and how to handle emergencies (e.g., fire, evacuation).
- Keep records: Maintain OSHA 300 logs. Report severe injuries and fatalities to OSHA within required timeframes.
- Display OSHA Posters: Employers are required to display OSHA posters informing employees of their rights and safety standards in a visible location.
In Florida, employees should:
- Know their rights: Employees have the right to a safe workplace and can request OSHA inspections if they believe there are violations.
- Report unsafe conditions: Notify your employer immediately. You may refuse work that poses an immediate health or safety danger.
- Use provided safety equipment: Workers should use personal protective equipment (PPE) as required by their job, such as helmets, gloves, and safety goggles.
- Training and reporting: Attend safety training. Report all work-related injuries and illnesses to your employer promptly.
Report health and safety violations (unsafe working conditions) in Florida to:
- For employees:
- For employers:
Hiring and/or firing employees in Florida
Under Florida employment law, at-will employment Florida means any employer may terminate at any time for any lawful reason. Employees may quit at any time.
Limits: Anti-discrimination laws and protected-class statutes still apply. Illegal reasons for termination are not permitted.
Florida is also a “right-to-work” state — right to work Florida means employees cannot be required to join a union or pay union dues.
Background checks: Permitted. Must comply with the FCRA. Written consent required. Applicants may dispute inaccuracies.
Drug Testing: Florida employers may require drug testing at hiring and throughout employment. Written notice and a copy of the drug-free workplace policy are required.
- Federal protections: Federal EEO laws bar discrimination based on race, color, religion, sex, national origin, age (40+), disability, or genetic information.
- Florida Civil Rights Act: The Florida Civil Rights Act extends protections to include marital status and the AIDS/HIV status of employees.
Anti-discrimination laws in Florida
Florida employers may not discriminate based on:
- Race, Color, National Origin, Sex, Religion, Age, Disability: These categories are protected under both state and federal law.
- Pregnancy, marital status, HIV/AIDS status: Protected under the Florida Civil Rights Act.
- Retaliation Protection: Florida also protects employees from retaliation for filing complaints or participating in investigations of discriminatory practices.
Employee resignation or termination in Florida
Employees may resign at any time. Employers may terminate at any time for any lawful reason. Wrongful termination and discrimination-based dismissals are prohibited.
No advance notice before termination is required. Severance pay is not mandated unless an employment contract or company policy requires it.
Unemployment benefits in Florida
Florida unemployment benefits are available to workers who meet these requirements:
- No-fault job loss: Layoffs and downsizing qualify. Termination for misconduct typically disqualifies a claim.
- Wage requirements: Must have earned sufficient wages in the base period — the first four of the last five completed calendar quarters.
- Are able and available to work: Claimants must be actively seeking employment and available for work.
- Apply for benefits promptly: Applications for unemployment benefits must be filed with FloridaCommerce. Federal wage claims go to the Florida Department of Labor equivalent — the DOL Wage and Hour Division.
- Source and application: Use this website to start your application for unemployment benefits in Florida: Florida Department of Commerce (FloridaCommerce) – Reemployment Assistance.
COBRA benefits in Florida
Separated employees may continue employer health coverage through COBRA. Florida COBRA rules follow federal law for employers with 20+ employees. Key rules:
- Eligibility for employers with 20+ employees: Employers with at least 20 employees must offer continuation of group health coverage to separated employees.
- Duration of coverage: Employees: up to 18 months. Spouses and dependent children: up to 36 months in qualifying events (death of employee, divorce, or Medicare eligibility).
- Premium payment: The cost of COBRA premiums may be covered entirely by the former employee, including a small administrative fee.
- Additional state options: For smaller employers (fewer than 20 employees), Florida offers a “mini-COBRA” option that provides similar continuation coverage.
Final paychecks in Florida
- Timeline: Florida law sets no specific deadline. Pay by the next scheduled payday.
- Unused PTO: Not required to be paid out at separation unless the employer’s policy says so.
- Deductions: Permitted only with written employee consent, or where law allows (e.g., taxes).
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Florida recordkeeping requirements
Florida employers must keep employment records to comply with state and federal law. Retention periods vary by document type.
1 year
Employers must retain these documents for at least one year:
- Retain applications, résumés, background checks, promotion and termination records, and job postings for one year from each personnel action.
- Documentation related to reasonable accommodations for disabled employees.
Any documents relating to complaints or charges of discrimination until the case reaches a final disposition. If handled under VEVRA, retain for one year.
2 years
Employers must retain these documents for at least two years:
Workers’ compensation records: Retain for two years per Florida Statutes § 440.19.
3 years
Employers must retain these documents for at least three years:
- Payroll records: Retain names, addresses, birth dates, pay rates, and weekly compensation for a minimum of three years per ADEA, FLSA, and FMLA regulations.
- I-9 forms: Keep completed I-9s and supporting documents for three years from hire or one year from termination, whichever is longer.
- FMLA records: Keep leave requests, notices, certifications, and designation disputes for three years. Store confidential medical records separately.
4 years
Employers must retain these documents for at least four years:
W-4 forms: Keep W-4s and related tax withholding records for four years per IRS rules.
Florida labor law violations: penalties for noncompliance
$1,000+Wage and hour violations
Violations of Florida wage and hour law carry civil penalties of up to $1,000 per violation. Willful violations add criminal liability. Repeat offenses carry harsher penalties.
$1,000+Overtime violations
Employers must pay overtime wages at 1.5 times the regular rate for all hours worked beyond 40 in a workweek for non-exempt employees.
Penalties: Employers can be held liable for double the amount of unpaid overtime as liquidated damages. Civil penalties of up to $1,000 per violation may also be imposed.
$16,550+Health and safety violations
Criminal charges can apply when employers falsify OSHA records, tip off employees before inspections, or commit willful violations that cause a death.
OSHA’s 2025 civil penalties (effective January 15, 2025): Up to $16,550 per violation for serious or other-than-serious violations. Up to $165,514 per violation for willful or repeated violations. Florida does not have a state OSHA plan — federal OSHA applies.
$10,000Child labor law violations
Florida labor law violations for child labor carry up to $10,000 per underage worker employed illegally. Each day of noncompliance is a separate offense.
In Florida, labor law violations are investigated and addressed by…
- Florida Department of Commerce (FloridaCommerce) (the state’s Florida Department of Labor equivalent for reemployment and workforce programs)
- Florida Department of Business and Professional Regulation (DBPR)
- U.S. Department of Labor (DOL) – Wage and Hour Division (WHD)
- Occupational Safety and Health Administration (OSHA)
Further details on other Florida labor laws
Whistleblower protections
Florida whistleblower law, specifically the Private Whistleblower Act (§ 448.102, F.S.), protects private-sector employees. Effective July 1, 2025, the protections were expanded. Protected disclosures now cover any violation of a federal, state, or local law, rule, or regulation.
Coverage threshold: The Florida Private Whistleblower Act only applies to employers with 10 or more employees. Construction contractors with fewer than 10 workers fall outside this statute. Employees at smaller firms may still have protection under federal whistleblower provisions depending on the type of violation reported.
- Filing deadline: 2 years from the date of discovery, or 4 years from the retaliatory act, whichever comes first.
- Pre-reporting requirement: Employees must generally give the employer written notice and a reasonable chance to correct the violation first.
- Remedies: Reinstatement, back pay, attorney’s fees, and compensation for emotional distress.
- Public employees: Florida’s Public Whistleblower Act separately covers state and local government employees.
Florida contractors who retaliate against crew members for reporting wage violations or OSHA hazards face significant exposure under the expanded statute.
Anti-harassment policies
No Florida statute mandates a specific anti-harassment policy. Federal EEOC guidelines apply. Florida construction contractors should have written policies covering harassment by supervisors, coworkers, and subcontractors on jobsites.
Pregnancy discrimination
Florida employment law bars pregnancy discrimination under the Florida Civil Rights Act (§ 760.10, F.S.). Employers must provide reasonable accommodations. For construction contractors, this typically means schedule adjustments, temporary light-duty reassignment, or extra breaks.
Non-compete agreements — Florida CHOICE Act
The Florida non-compete law was significantly expanded by the CHOICE Act (HB 1219, effective July 1, 2025). The Act expands non-compete options for “covered employees.” A covered employee earns more than twice the county’s annual mean wage — roughly $93,720 statewide.
- Non-compete agreements for covered employees can run up to 4 years — the longest of any U.S. state statute.
- The burden of proof shifts to the employee: agreements are presumed enforceable.
- A “garden leave” provision lets employers pay full salary during a post-employment notice period while barring work for competitors.
- The CHOICE Act operates alongside existing non-compete law under § 542.335, F.S.
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Don’t let labor law complexities slow you down. Click through to explore our comprehensive guides to prevailing wages and compliance!
Florida’s minimum wage is $14.00 per hour for non-tipped employees as of September 30, 2025. The tipped minimum wage is $10.98 per hour.
The rate rises to $15.00 per hour (non-tipped) and $11.98 per hour (tipped) on September 30, 2026 — the final step of the Florida minimum wage 2026 schedule under Amendment 2.
The tipped minimum wage in Florida is $10.98 per hour as of September 30, 2025. Employers may apply a tip credit of up to $3.02 per hour. The employee’s total hourly earnings — wages plus tips — must equal at least $14.00 per hour. If tips fall short, the employer must make up the difference.
The tipped rate rises to $11.98 per hour on September 30, 2026.
Yes. Florida follows federal FLSA rules for salaried employees. The current salary exemption threshold is $684 per week ($35,568 annually). A federal court vacated the Biden DOL’s proposed $1,128/week rule on November 15, 2024. That figure is no longer enforceable.
Salaried Florida construction supervisors or project managers earning under $684/week are entitled to overtime. Highly compensated employees must earn at least $107,432/year to qualify for a streamlined HCE exemption.
Florida does not require meal breaks or rest breaks for adult employees. Florida lunch break laws impose no mandate for adults. No state law mandates a lunch break.
Under the federal FLSA, breaks of 20 minutes or less must be paid as working time. Minors under 18 must receive a 30-minute unpaid meal break after every 4 consecutive hours of work.
Florida contractors are not legally required to schedule rest breaks for adult crew members, but should do so for safety and productivity reasons.
Florida overtime law follows the federal FLSA. Non-exempt employees earn 1.5 times their regular hourly rate for any hours over 40 in a workweek.
The salary exemption threshold is $684/week — not $1,128/week, which was vacated by a federal court. Florida has no daily overtime requirement. Construction contractors must track hours carefully; violations carry back wages plus liquidated damages equal to the unpaid amount.
Under Florida child labor laws, employers must restrict hours and occupations for minors. Children under 14 generally cannot work in commercial settings.
Ages 14-15 are capped at 15 hours per week when school is in session. Ages 16–17 have a default cap of 30 hours per week during the school year — but HB 49 (effective July 1, 2024) allows parents or school superintendents to waive this cap entirely. HB 917 (April 2024) allows 16–17 year olds to perform limited residential construction work with certification and supervision.
Florida does not have a state prevailing wage law. The original Florida prevailing wage law was repealed in 1979. For state-, county-, or city-funded construction projects, there is no mandatory prevailing wage requirement.
However, federally funded construction projects in Florida are governed by the Davis-Bacon Act. Contractors on federal projects must pay the locally prevailing wages published in wage determinations at SAM.gov. Some local governments, including Orlando and Miami-Dade County, have voluntarily adopted prevailing wage requirements for their own projects.
Penalties vary by violation type. Wage and hour violations can result in civil penalties of up to $1,000 per violation plus double the unpaid wages as liquidated damages.
OSHA violations carry fines of up to $16,550 per serious violation and up to $165,514 for willful or repeated violations (2025 OSHA penalty levels).
Child labor violations can result in civil fines of up to $10,000 per underage worker per day. Violations are investigated by the DOL Wage and Hour Division, Florida DBPR, and federal OSHA.
Florida final paycheck rules set no specific deadline. Employers must pay by the next regular scheduled payday. Florida law does not require employers to pay out unused vacation or PTO unless the company’s own policy requires it.
Deductions from final pay require written employee consent or must be legally permitted (e.g., tax withholding). Florida contractors should document payroll policies clearly to avoid wage disputes at separation.
Florida has no state law defining full-time employment. The federal threshold for ACA purposes is 30 hours per week or 130 hours per month. This applies to employers with 50+ full-time equivalent employees.
For overtime purposes under the FLSA, the threshold is 40 hours per week. Construction contractors often treat 40 hours as the standard full-time baseline, though there is no state law requiring it.
