Florida’s minimum wage increased to $8.25 per hour on January 1, 2018. Florida’s 2018 minimum wage also increased for tipped employees to $5.23 per hour.
In 2004, Florida voters approved a constitutional amendment which created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage.
Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year. The annual calculation is based on the percentage increase in the federal Consumer
Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month
period prior to September 1, 2017.
Employers must pay their employees the hourly state minimum wage for all hours worked in Florida. The definitions of employer, employee, and wage for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA).
Employees who are not paid the minimum wage may bring a civil action against the employer or
any person violating Florida’s minimum wage law. The state attorney general may also bring an
enforcement action to enforce the minimum wage.
Florida Statutes also require employers who must pay their employees the Florida minimum wage to
post a minimum wage notice in a conspicuous and accessible place in each establishment
where these employees work. This poster requirement is in addition to the federal requirement
to post a notice of the federal minimum wage.