Florida Employment Law — full calculator

Frequently Asked Questions

• What are Florida's overtime rules in 2026?

  Florida has two overtime layers. Federal FLSA requires 1.5× pay after 40 hours in a workweek. Additionally, Florida Statute § 448.01 requires 'extra pay' for all hours worked beyond 10 hours in a single day when directed by the employer, unless a written contract sets a different daily threshold. Both rules can apply simultaneously to the same workweek.

• Are non-compete agreements enforceable in Florida?

  Yes. Florida Statute § 542.335 explicitly makes non-compete agreements enforceable when supported by a 'legitimate business interest' — such as trade secrets, confidential information, customer relationships, goodwill, or specialized training. A written agreement signed by the employee is required. For employees, a restriction of 6 months or less is presumed reasonable; more than 2 years is presumed unreasonable.

• What is Florida's minimum wage in 2026?

  Florida's minimum wage is $14.00 per hour from January 1 through September 29, 2026, and increases to $15.00 per hour on September 30, 2026 — well above the federal FLSA floor of $7.25/hr. After 2026, the rate adjusts annually based on the Consumer Price Index.

• What is the minimum wage for tipped employees in Florida in 2026?

  Tipped employees must receive at least $10.98 per hour in cash wages from January 1 through September 29, 2026, plus tips. Starting September 30, 2026, the tipped cash wage rises to $11.98 per hour. The tip credit is $3.02 per hour. Total compensation (cash + tips) must equal or exceed the applicable minimum wage.

• Does Florida require employers to give meal or rest breaks?

  Florida does not have a state law requiring meal or rest breaks for adult employees in the private sector. The federal FLSA is also silent on mandatory break requirements. Break policies are governed by employer policy or individual employment contracts.

• Is there a paid sick leave law in Florida?

  Florida has no statewide paid sick leave mandate for private-sector employees. State preemption law (Fla. Stat. § 218.077) prevents local governments from requiring employers to provide benefits beyond state or federal law. Florida does require employers with 50 or more employees to allow up to 3 days of leave per year for domestic violence situations.

• What is the deadline for a final paycheck in Florida?

  Florida does not have a specific state law mandating an earlier final paycheck deadline. Employers must pay terminated employees by the next regular payday, consistent with the FLSA default. For claims of unpaid wages, employees may file a civil action under Fla. Stat. § 448.08 to recover back pay plus attorney's fees.

• Can a Florida non-compete agreement be enforced without a salary threshold?

  Yes. Unlike some other states that have added salary thresholds for non-compete enforceability, Florida Statute § 542.335 contains no salary threshold requirement. Enforceability depends on the existence of a legitimate business interest, a written agreement, and reasonable time and geographic restrictions — not the employee's compensation level.

• What legitimate business interests justify a non-compete in Florida?

  Under Fla. Stat. § 542.335, qualifying legitimate business interests include: trade secrets, valuable confidential business information, substantial relationships with specific customers or clients, customer or patient goodwill associated with a trade name or marketing area, and extraordinary or specialized training provided to the employee.

• When does Florida's minimum wage reach $15 per hour?

  Florida's minimum wage reaches $15.00 per hour on September 30, 2026. This is the final step in a schedule set by Florida voters in 2020 (Amendment 2), which raised the minimum wage by $1.00 per year starting in 2021. Beginning in 2027, the minimum wage adjusts annually based on the Consumer Price Index.