The right to a proper wage is the law

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FLORIDA WHAT THE LAW ENTITLES YOU TO

Florida’s minimum wage is in the state constitution. So is your right to collect it.

Usher Law Group has an office in Aventura. Florida has no overtime law of its own, so federal law does that work. The state minimum wage rises to $15.00 on September 30, 2026, and comes with its own damages, deadlines and a notice step you must take before suing.

A car wash worker drying a sedan in a wet bay, backlit by the open door.

YOUR RIGHTS IN FLORIDA

What Florida and federal law require of your employer.

Florida’s protections come from Article X, Section 24 of the state constitution and section 448.110 of the Florida Statutes; overtime, tips and recordkeeping come from the federal Fair Labor Standards Act.

01

Florida minimum wage

$14.00 an hour through September 29, 2026, and $15.00 an hour starting September 30, 2026. From January 1, 2028, the rate adjusts for inflation each year.

02

Tipped workers

Employers may count up to $3.02 an hour in tips toward the minimum wage, so the cash wage is $10.98 until September 29, 2026, and $11.98 from September 30, 2026. Under federal law no owner or manager may keep any part of your tips.

03

Overtime after 40 hours

Florida has no state overtime law. The federal Fair Labor Standards Act requires one and a half times your regular rate for hours over 40 at any covered employer, and most Florida employers are covered.

04

A written notice before a state minimum-wage lawsuit

Before suing for the Florida minimum wage you must notify the employer in writing of the shortfall, and the employer has 15 calendar days to pay or resolve it. The deadline to sue pauses during those 15 days. Federal overtime claims have no such step.

05

No retaliation

Florida law forbids punishing anyone for claiming the state minimum wage, and federal law protects complaints about overtime. Federal wage law applies no matter your immigration status.

06

Records are the employer’s duty

Federal law requires the employer to keep accurate records of your hours and pay. When it did not, your own credible account of your hours carries the claim.

07

Independent contractor labels are not the last word

Federal law looks at the economic reality of the job, not the form you were given. A driver, cleaner or laborer whose schedule and pay the company controls is usually an employee.

WHAT A CASE CAN RECOVER

Double the shortfall, four to five years back.

01

Four years back, five if willful

The Florida minimum-wage claim reaches back four years, or five for a willful violation. The federal overtime claim reaches two, or three if willful.

02

Liquidated damages equal to the wages

The Florida statute awards the full unpaid minimum wage plus the same amount again as liquidated damages; federal law does the same for overtime unless the employer proves good faith.

03

Attorney’s fees and costs

Mandatory to a worker who wins under either law.

04

Miami-Dade’s county program

For work in Miami-Dade County, the county wage-theft ordinance offers a hearing route for claims of $60 to $15,000 from the past twelve months, with an award of up to three times the unpaid wages. A lawyer is not required, but the amounts and deadlines are strict.

FLORIDA

The wage is in the constitution. The deadline is not forgiving.

Tell us where in Florida you worked, your hours and your pay. A lawyer reads every message.

Tell us what happened (718) 484-7510