Florida Employer Requirements: The $15 Minimum Wage, E-Verify and New-Hire Rules
Florida Employer Requirements: The $15 Minimum Wage, E-Verify and New-Hire Rules
Florida's minimum wage reached $15.00 an hour on September 30, 2026. That was the final scheduled step under Amendment 2, the 2020 constitutional amendment that set the increases. Wage is only one part of your obligations as an employer. If you hire in Florida, you also need to verify work eligibility through E-Verify when the law requires it, report new hires to the state, post the required minimum wage notice, follow child labor and overtime rules, and check any non-compete before you rely on one.
This guide puts those requirements in one place. It is informational content, not legal or tax advice. Your obligations depend on your industry, headcount, pay structure and workforce. For anything beyond a routine setup, talk with a qualified employment attorney or a CPA.
Florida Minimum Wage 2026: The $15.00 Rate
The Florida minimum wage is now $15.00 an hour for most employees. The rate had been $14.00 before the September 30, 2026 step. Florida's rate is higher than the federal minimum of $7.25 an hour, so the state rate is the one you must pay.
| Effective date | Standard minimum wage | Tipped cash wage |
|---|---|---|
| September 30, 2026 | $15.00 an hour | $11.98 an hour, plus a $3.02 tip credit |
| Recalculated each year from September 30, 2027 | Adjusted for inflation (CPI-W) | Adjusted with the standard rate |
If you raised pay to meet the increase, check that the change took effect on your payroll and that every hourly employee is at or above $15.00 or the correct tipped rate. Overtime and other pay rules are calculated from the rate actually paid, so a missed raise also creates back pay exposure.
Florida Tipped Minimum Wage
The Florida tipped minimum wage works through a tip credit. At $15.00, a tipped employee's cash wage is $11.98 an hour, and the $3.02 tip credit makes up the difference. Tips must bring the employee's total pay to the full minimum wage. If tips and the cash wage together fall short of $15.00 for a workweek, you must make up the shortfall. Confirm the full set of conditions for taking the tip credit, including rules on tip sharing and which tasks count, with the U.S. Department of Labor's Wage and Hour Division at dol.gov before you build your pay plan around it.
Common mistakes include paying the tipped rate to employees who do not receive tips, letting managers share in the tip pool, and failing to track how much time tipped staff spend on non-tipped duties. Keep daily tip records and review them against payroll each pay period.
Florida Minimum Wage Increase After 2026
The Florida minimum wage increase does not stop at $15.00. Starting September 30, 2027, the rate is recalculated each year to track inflation using the CPI-W index. Each new rate takes effect on the following January 1. The first inflation-adjusted rate therefore takes effect January 1, 2028. Build that date into your budget and confirm the figure with the state agency that administers the minimum wage before you set new pay bands. Do not assume the adjustment will be a fixed dollar amount, because it depends on the inflation calculation.
Florida Overtime Laws
Florida does not set its own general overtime rule for most private employers. In practice, the federal Fair Labor Standards Act (FLSA) governs overtime. Non-exempt employees must be paid at least one and one-half times their regular rate for hours worked over 40 in a workweek. Whether an employee is exempt depends on job duties and salary tests under federal rules, not on the job title or whether the employee is paid a salary. Misclassifying an employee as exempt is one of the most common wage problems small employers face.
Because the minimum wage rate changed on September 30, 2026, recheck your overtime calculations for any pay period that included that date. A regular rate that was correct under $14.00 may be too low under $15.00. Confirm the federal overtime and exemption rules with the U.S. Department of Labor at dol.gov.
Florida Child Labor Laws
Florida child labor laws depend heavily on age. Federal law generally bars most non-agricultural work for children under 14 and restricts hazardous work for anyone under 18. Florida adds its own rules on top of the federal framework. The 2024 changes made under HB 49 (ch. 2024-25, effective July 1, 2024) changed the rules for 16 and 17 year olds, so older guidance and templates may be out of date.
Younger teens, particularly 14 and 15 year olds, face the tightest limits on permits and hours. Before you schedule anyone under 18, confirm the current permit requirements, allowed hours and prohibited job types with the state agency that administers child labor rules. Keep a copy of proof of age in each minor's personnel file. Scheduling violations are easy to create during summer and holiday rushes, so build hour limits into your scheduling software rather than relying on managers to remember them.
Florida E-Verify Requirement
Florida's E-Verify mandate is set by s. 448.095, added by SB 1718 in 2023. Since July 1, 2023, private employers with 25 or more employees must use E-Verify to confirm that new hires are authorized to work. You must run the check within 3 business days of the hire date. The system is operated by the federal government, and you enroll and run checks through the official site at e-verify.gov.
E-Verify works alongside Form I-9, which federal law requires for every employee regardless of company size. Employers with fewer than 25 employees are not subject to the Florida mandate, but they still must complete I-9 forms correctly. Store your E-Verify case numbers with the matching I-9 files so you can produce both quickly if you are audited. Confirm the enrollment and case-handling steps directly on e-verify.gov, since the procedures are set by the federal system.
Florida New Hire Reporting
Florida new hire reporting requires you to report each new employee to the state within 20 days of the hire date. The report includes basic identifying information about the employee and the employer, including the employee's name, address, Social Security number and date of hire. New hire reporting is separate from E-Verify. Completing one does not satisfy the other.
The Florida Department of Revenue administers the new hire reporting program. Confirm the current submission method, required fields and any fee-free filing options on the agency page at floridarevenue.com before you set up payroll. Many employers meet this requirement automatically through their payroll provider, but you remain responsible for confirming the filing was made. Check your payroll provider's reports at least quarterly.
Florida Minimum Wage Poster and Florida Employee Rights
Florida requires employers to display a minimum wage poster, under s. 448.109. Post it in a place where employees will see it, such as a break room or near a time clock. Confirm that you have the current version of the notice before you post it, since the minimum wage rate on the notice must match the rate you pay.
Florida employee rights include the right to be paid at least the state minimum wage, the right to the correct tipped rate, and protection from retaliation for raising a wage concern or filing a complaint. Employees can raise wage problems with state and federal agencies. Deadlines, remedies and penalties differ by agency and by claim type, so have a plan for how managers respond when an employee complains. A fast, documented correction usually costs less than a contested claim, and any retaliation claim is typically more serious than the underlying pay error.
Florida Non-Compete and Garden Leave Rules
The CHOICE Act (HB 1219, 2025, effective July 1, 2025) changed how Florida treats non-compete and garden leave agreements for a defined group of covered employees. For those employees, the Act allows longer restricted periods and gives enforceable agreements more weight in court, provided the agreement meets the statute's requirements. It also sets out how garden leave works, including the employer's obligation to keep paying the employee during the restricted period.
The Act sets an earnings threshold for covered employees and specific notice and review requirements. Do not rely on a summary for those details. Read the statute itself and have an attorney confirm whether a given employee is covered. Agreements with employees outside the CHOICE Act's covered group are still governed by the state's older restrictive covenant rules. A non-compete that looks enforceable on paper can fail if it is too broad in scope, duration or geography, or if the required notice was not given.
Other Florida Items to Check
Florida has no statewide general business license. Some counties and cities require a local Business Tax Receipt for the address where you operate. This is a tax under Chapter 205 of the Florida Statutes, not a license that proves you are competent to do the work. Not every county or city levies it, so check with your local tax collector or city hall. If you sell taxable goods or services, you must also register as a sales and use tax dealer with the Florida Department of Revenue before you begin business, and the state sales tax rate is 6%.
Where to Confirm Florida Employer Requirements
Use official sources for the numbers and deadlines in this guide, because state and federal rules change:
- Florida minimum wage and tipped rates: confirm with the state agency that administers the minimum wage, and with the U.S. Department of Labor at dol.gov for federal overtime and tip credit rules.
- E-Verify: e-verify.gov, the federal system used for Florida's mandate.
- New hire reporting and sales tax: Florida Department of Revenue.
- Business entity filings: Florida Department of State, Division of Corporations (Sunbiz).
Set up a compliance calendar with the September 30 wage date, the January 1 adjustment date, the 3 business day E-Verify deadline and the 20 day new hire reporting deadline. Review it each year, and have a qualified employment attorney or CPA check your handbook, non-compete agreements and pay practices before you rely on them.
This article is informational only. It is not legal, employment or tax advice. Florida and federal rules change, and the right answer for your business depends on facts this guide cannot cover. Consult a qualified attorney or CPA before acting on any of these requirements.