Florida’s Minimum Wage to Increase September 2023

Effective September 30, 2023, the Florida minimum wage will be $12.00 per hour.

On November 3, 2020, Florida voters approved a constitutional amendment to gradually increase the state's minimum wage each year until reaching $15.00 per hour in September 2026. On September 30, 2023, Florida’s minimum wage will increase to $12.00 per hour. Each year thereafter, Florida’s minimum wage will increase by $1.00 until the minimum wage reaches $15.00 per hour on September 30, 2026. Resuming in 2027, the minimum wage will be adjusted annually for inflation.

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) and its implementing regulations. Employers of tipped employees, who meet eligibility requirements for the tip credit under the FLSA, may credit towards satisfaction of the minimum wage tips up to the amount of the allowable FLSA tip credit of 2003. However, the employer must pay tipped employees a direct wage. The direct wage is calculated as equal to the minimum wage ($12.00) minus the 2003 tip credit ($3.02), or a direct hourly wage of $7.98 as of September 30, 2023.

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 require the State’s minimum wage. FLSA information and compliance assistance can be found at: DOL.gov/agencies/whd/flsa.

Section 448.109, Florida Statutes, requires 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. Florida's minimum wage notice is available for downloading in English, Spanish, and Creole from the Florida Department of Economic Opportunity’s website at FloridaJobs.org.

In addition to the Florida minimum wage notice, federal law requires employers to post a notice of the federal minimum wage. The federal poster can be downloaded from the U.S. Department of Labor's website at https://www.dol.gov/whd/regs/compliance/posters/flsa.htm.

For additional information, visit the Florida Department of Economic Opportunity’s Bureau of Workforce Statistics and Economic Research webpage at FloridaJobs.org/labor-market-information.