You like your job but suspect your employer isn’t paying you what you’re worth. They might even be violating Florida’s minimum wage laws. If so, is there anything you can do? With the help of a good Florida employment lawyer, yes.

Below, a Florida workplace discrimination attorney explains the laws governing minimum wage in the state. You’ll also discover what to do if you think your employer is violating the minimum wage law.

Laws Governing Minimum Wage in Florida

Introduced in 1938, the Fair Labor Standards Act (FLSA) governs hour and wage rights in Florida. The FLSA requires:

  • Employers to pay covered employees the minimum wage
  • Employers to pay covered employees at least one-and-a-half times their hourly wage for every hour worked over 40 hours in a week
  • Employers to comply with recordkeeping requirements
  • Protections for children to prevent them from working in a dangerous workplace

Florida’s Constitution also governs the minimum wage in the state. Section 24 of Article X guarantees a minimum wage and annual increases to keep up with the cost of living.

Florida Minimum Wage Law

Currently, the minimum wage in Florida is $12 per hour. That’s set to increase to $13 on September 30, 2024. The minimum wage will increase to $14 in 2025 and $15 in 2026.

Tipped employees like servers and bartenders are also entitled to a minimum wage. However, because much of their income comes from tips, the required minimum wage is less.

The current minimum wage for tipped employees is $8.98 per hour, with an increase to $9.98 coming on September 30, 2024. After that, the minimum wage will increase to $10.98 in 2025 and $11.98 in 2026.

Overtime Laws

As mentioned above, if you work more than 40 hours in a seven-day period, your employer must pay you 1.5 times your normal hourly wage. The only exception is if you’re a manual laborer working more than 10 hours daily. In this case, you’re entitled to overtime for every hour worked beyond 10 per day.

FLSA Exceptions

It’s important to note that minimum wage laws only apply to “covered” employees. Workers not considered “covered employees” under the FLSA include:

  • Independent contractors
  • Professional, administrative, executive, and outside sales employees who are paid a salary
  • Casually employed babysitters
  • Workers on small farms

Some employers attempt to avoid paying the minimum wage by wrongly classifying employees as independent contractors. If you suspect your employer has done this to you, contact a Florida employment lawyer.

Contact a Florida Labor Attorney

If your employer isn’t paying you fairly, an employment law firm in Florida can help. Contact Mark J. Berkowitz, P.A., at (954) 527-0570 for a consultation with a Florida employment lawyer about your case.