What happened
Florida voters amended the state constitution in 2020. Article X, section 24 raised the minimum wage to $10.00 on September 30, 2021. It then adds $1.00 each September 30 until the rate reaches $15.00 on September 30, 2026.
So on September 30, 2026, the Florida minimum wage goes from $14.00 to $15.00 an hour.
For tipped workers, the constitution lets an employer count tips toward the minimum wage. The credit is capped at the federal tip credit that was allowed in 2003, which is $3.02 an hour. The cash wage for eligible tipped workers therefore becomes $11.98 an hour. Wages plus tips must reach at least $15.00.
This is the last fixed step. Starting September 30, 2027, the state will calculate a new rate each year based on inflation, using the CPI-W index. Each new rate takes effect the following January 1.
What it means for workers
If you are covered by the Florida minimum wage, the new rate applies to work on or after September 30, 2026. Your pay for that work must be at least $15.00 an hour. The federal minimum wage is still $7.25, so the Florida rate is the higher one.
The constitution allows a worker who wins a minimum wage case to recover back wages plus an equal amount as liquidated damages. It also provides for attorney’s fees and costs. It bars retaliation against workers who raise a minimum wage complaint. The time limit is four years, or five years for a willful violation.
There is a step before suing under the Florida Minimum Wage Act. Under Fla. Stat. § 448.110(6), you must first send the employer a written notice. The notice must state the minimum wage you claim, the actual or estimated dates and hours, and the total unpaid amount. The employer then has 15 calendar days to pay or resolve the claim. The time limit to sue is paused during those 15 days.
What it means for employers
Payroll must reflect $15.00, or $11.98 plus tips for eligible tipped workers, starting September 30, 2026. Deductions that mainly benefit the employer cannot bring pay below the new rate. Overtime for a minimum wage worker is figured on the higher rate. Employers should also update the Florida minimum wage poster and tip credit notices. A pre-suit notice starts a 15-day clock, so respond to it promptly.
What to do now
Workers: check the first pay stub that covers September 30, 2026. Divide your pay by your hours. Keep your own record of hours.
Employers: update pay rates, tip credit notices and posters before the change.
If you have questions about a specific pay problem, speak with a wage-and-hour lawyer.
This summary is general information, not legal advice. Usher Law Group was not involved in this matter.
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