Category: Company

Does the Florida minimum wage apply to remote workers?

Yes, if a remote employee physically performs their work while located in Florida, that employee must be paid at least the Florida state minimum wage, regardless of where your company is headquartered.

For example, if your company is based in New York but has a remote employee living and working full-time from Miami, Florida’s wage laws apply. What determines coverage is where the work is performed, not where the employer’s payroll department sits.

Employers with multi-state remote teams should clearly document work locations in employment contracts and ensure payroll systems apply the correct local wage rates. Regular audits can prevent costly compliance issues that often arise in hybrid or remote setups.

Are unpaid internships allowed in Florida?

Yes, unpaid internships are legal in Florida, but only when they meet strict federal and state criteria designed to protect interns from unpaid labor abuse.

The key principle is that the internship must primarily benefit the intern, not the employer. Under the U.S. Department of Labor’s “Primary Beneficiary Test,” factors include:

• The intern’s training must resemble an educational environment.

• The intern should not displace paid employees.

• The internship should be tied to the intern’s academic program.

• There must be no promise of paid employment afterward.

If an intern performs productive work that benefits your business, for instance, customer service, marketing, or data entry, they must be paid at least Florida’s minimum wage. Employers should have a written internship agreement outlining learning objectives and supervision standards to demonstrate compliance.

What is the minimum wage for minors under 18 in Florida?

Florida does not have a separate youth or minor wage. All workers, regardless of age, must be paid no less than the state’s standard minimum wage, which will be $15.00 per hour starting September 30, 2026.

However, minors are subject to additional labor restrictions under Florida’s Child Labor Law, such as limits on the number of hours they can work during school days and required meal breaks. For instance:

• 16–17-year-olds may not work more than 30 hours in a school week without parental and school consent.

• All minors must receive at least a 30-minute meal break after four continuous hours of work.

Employers hiring minors should maintain age verification records and post the Florida Child Labor Law poster alongside the minimum wage notice.

Can I pay commission-based employees below minimum wage?

Not unless their total compensation (base pay + commissions) averages at least the minimum wage for all hours worked within each pay period.

For example, if a salesperson works 40 hours in a week and earns $500 in base pay plus $100 in commissions, their total hourly rate is $15/hour — compliant with Florida’s 2026 rate. However, if commissions are low in a given week and total pay drops below the $15/hour threshold, the employer must make up the difference.

The same rule applies to piece-rate, per-project, or performance-based pay structures. Employers should ensure their payroll system tracks hours worked and calculates average hourly earnings correctly. Failure to do so can lead to wage theft claims, penalties, and back pay liabilities.

Do salaried employees still need to be paid the minimum wage in Florida?

Yes. Even salaried employees are covered by minimum wage laws unless they meet strict FLSA exemption requirements (executive, administrative, or professional exemptions).

To qualify as exempt from overtime and minimum wage rules, employees must:

• Earn at least $684 per week ($35,568 per year), and

• Perform exempt job duties such as managing teams, exercising independent judgment, or holding professional credentials.

If a salaried employee earns less than this threshold or performs primarily non-exempt tasks (like customer service or clerical work), they must receive minimum wage for every hour worked and overtime pay beyond 40 hours per week.

Many wage violations occur when employers assume “salaried” automatically means “exempt”, it doesn’t. Always review job duties and salary levels carefully.

What happens if I accidentally underpay an employee?

Even an accidental underpayment can create significant legal and financial exposure. Under both Florida and federal law, employers must pay:

• Back wages for every affected pay period

• Liquidated damages equal to the unpaid amount (essentially doubling the total owed)

• Attorney’s fees and court costs if the employee files a successful claim

If the Department of Economic Opportunity (DEO) or the U.S. Department of Labor determines the violation was willful, employers may face civil penalties up to $2,000 per violation, or even criminal charges in extreme cases of intentional wage theft.

To prevent errors:

• Conduct quarterly payroll audits

• Use timekeeping systems that integrate directly with payroll

• Train managers to verify hours and pay categories accurately

If you discover an error, correct it immediately, document the adjustment, and communicate transparently with the employee, proactive remediation often prevents escalation.

How often must I update and post Florida’s minimum wage notice?

Florida employers must post the updated state minimum wage poster every time the rate changes, which occurs annually on or before September 30.

The poster must be displayed prominently in the workplace, typically near other mandatory labor law postings (like OSHA and EEOC notices). For remote employees, the poster can be distributed electronically via the company’s intranet, HR portal, or onboarding system.

The official poster is published each year by the Florida Department of Commerce (formerly DEO) and is available in both English and Spanish. Using unofficial or outdated posters can expose employers to compliance penalties, so always download the latest version directly from the state’s official website.

Does Florida have a training wage for new hires?

No, Florida does not allow a lower “training wage” for new hires who are not part of an accredited student or vocational program. All employees must earn at least the standard minimum wage from their first day of work.

The only exception is the federal Student Learner Program, which allows approved vocational students to be paid a temporary training wage of $4.25/hour under strict Department of Labor conditions. This exception cannot be applied broadly to ordinary onboarding or new-employee training situations.

Employers should view training as an investment, not a discount period. Paying fair wages from day one improves engagement, retention, and public perception.

What should I do if a tipped employee doesn’t earn enough in tips to reach minimum wage?

If a tipped employee’s total earnings (base wage + tips) fall short of the $15.00/hour minimum wage, the employer must immediately make up the difference for that pay period.

For example, if a server earns $11.98/hour in direct pay and only $2.50/hour in tips, their total is $14.48/hour. $0.52 below the minimum. The employer must pay that $0.52 difference per hour to remain compliant.

Employers should:

• Require accurate daily tip reporting

• Use integrated POS or payroll systems to calculate shortfalls automatically

• Conduct periodic audits to prevent cumulative errors

Failure to comply can trigger back-pay orders and wage theft penalties. The safest approach is to verify that every tipped worker earns at least the full minimum wage after each pay cycle.

Can employees waive their right to minimum wage in Florida?

No, employees cannot waive their right to the state minimum wage, even voluntarily or by written agreement.

Any contract or arrangement to work for less than the legal minimum is void and unenforceable under both Florida law and the federal Fair Labor Standards Act (FLSA). Employers who attempt to enforce such agreements risk penalties, lawsuits, and reputational harm.

This rule protects workers from coercive or exploitative practices, ensuring that every employee receives a fair, lawful base level of compensation. Businesses should focus on optimizing scheduling, efficiency, and technology to manage labor costs, not bypassing wage requirements.

Are seasonal or temporary workers covered by Florida’s minimum wage laws?

Yes, seasonal, part-time, and temporary workers are all entitled to the same minimum wage protections as permanent employees.

This includes holiday retail staff, tourism workers, farm laborers, and event personnel. The only exceptions apply to specific federal programs (like H-2A agricultural workers) where wages must meet or exceed the federal Adverse Effect Wage Rate (AEWR), which is often higher than the state minimum.

Employers in these sectors should track hours precisely and review seasonal pay rates annually to maintain compliance, especially when labor is sourced through staffing agencies or contractors.

Do I have to pay minimum wage for travel time, meetings, or mandatory training?

Yes. If the activity is work-related and mandatory, it counts as compensable time under both Florida and federal law.

That means:

• Job-related travel (excluding normal commuting) must be paid.

• Mandatory meetings or training sessions must be paid.

• Waiting time, if the employee cannot use the time freely, is also compensable.

Employers should clearly define which types of travel or training are paid and maintain accurate records. Many wage violations arise when businesses fail to compensate employees for pre-shift meetings, after-hours calls, or required webinars. Always err on the side of paying for time that primarily benefits the company.

What are the penalties for failing to comply with Florida’s minimum wage law?

Penalties for noncompliance can be severe. Employers found in violation may owe:

• Back pay for every affected employee

• Liquidated damages equal to the unpaid wages (doubling the liability)

• Civil penalties of up to $2,000 per violation

• Court costs and attorney’s fees if the case escalates

For repeat or intentional violations, the Florida Department of Commerce may impose additional sanctions, and the employer’s name may appear in public enforcement databases.

To mitigate risk:

• Conduct annual wage audits

• Keep payroll and time records for at least three years

• Ensure every pay period meets or exceeds statutory requirements

Compliance is far less costly than correction, proactive management is your best defense.