Florida Employment Law — full calculator

Frequently Asked Questions

• What is Florida's minimum wage in 2026?

  Florida's minimum wage is $14.00 per hour through September 29, 2026, and increases to $15.00 per hour on September 30, 2026. This is nearly double the federal FLSA floor of $7.25 per hour. The increase is mandated by Florida's Amendment 2 (2020), which schedules $1.00 annual increases until the wage reaches $15.00 per hour. Source: FL §448.110, floridajobs.org (as of 2026).

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

  Tipped employees in Florida must receive a base wage of at least $10.98 per hour (through September 29, 2026), rising to $11.98 per hour on September 30, 2026. This reflects Florida's $3.02 tip credit. If an employee's tips do not bring total compensation to the full minimum wage ($14.00 or $15.00 per hour), the employer must make up the difference. Source: FL §448.110, floridajobs.org (as of 2026).

• When must a Florida employer pay a final paycheck after termination?

  Florida requires employers to pay the final paycheck by the employee's next regular payday, regardless of whether the employee was fired, laid off, or quit voluntarily. There is no 'same-day' rule in Florida — unlike California, which requires immediate payment on termination. Source: FL §448.08 (as of 2026).

• What happens if a Florida employer withholds my final paycheck?

  Under Florida Statute §448.08, if you prevail in a lawsuit for unpaid wages, the court may award you the full amount of wages owed plus reasonable attorney's fees and court costs. There is no statutory per-day penalty for late payment, so you should act promptly by filing a complaint with the Florida Department of Economic Opportunity or consulting an employment attorney.

• Does Florida require a final paycheck immediately when you are fired?

  No. Florida does not require immediate payment when an employee is fired. The employer must pay by the next regular payday. This is less protective than states like California (same day for terminations) or Colorado (next business day). Source: FL §448.08 (as of 2026).

• Are non-compete agreements enforceable in Florida?

  Yes. Florida is one of the most employer-friendly states for non-compete enforceability. Under Florida Statute §542.335, a non-compete agreement is enforceable if it is: (1) in writing and signed by the employee, (2) supported by a legitimate business interest (such as trade secrets, customer relationships, or specialized training), and (3) reasonable in time and geographic area. Courts do not refuse to enforce these agreements outright — they may reform overbroad terms rather than void them entirely.

• How long can a non-compete agreement last in Florida for employees?

  Under FL §542.335, for employee/agent relationships: agreements of 6 months or less are presumed reasonable in duration; agreements of 2 years (24 months) or more are presumed unreasonable. Agreements in between are subject to court discretion based on the employer's legitimate business interest, scope, and industry context. Different thresholds apply for distributors, franchisees, and business sellers.

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

  No. Florida does not have a statewide law requiring employers to provide meal breaks or rest breaks for adult employees. The federal FLSA is also silent on break requirements. If breaks are given, federal rules still apply: rest breaks of 20 minutes or less must be paid; bona fide meal periods of 30 minutes or more where the employee is relieved of duties may be unpaid.

• Does Florida have a mandatory sick leave law?

  No. Florida does not have a statewide mandatory paid sick leave law. Some Florida cities and counties (such as Miami Beach) have local sick leave ordinances, but there is no state-level mandate. Employers in Florida may provide sick leave voluntarily but are not required to do so under state law.

• Does Florida have overtime rules beyond the federal FLSA?

  No. Florida does not have state-specific overtime rules that go beyond the federal Fair Labor Standards Act (FLSA). Florida follows the federal 40-hour workweek threshold: overtime is owed at 1.5 times the regular rate for all hours worked over 40 in a workweek. There are no daily overtime triggers or double-time provisions at the state level.