In November 2020, Florida voters approved Amendment 2, which will ultimately increase the minimum wage for hourly, non-exempt, non-tipped employees to $15 per hour by 2026.
According to the amendment, the Florida minimum wage will increase by $1 per year on Sept. 30 of each year. In 2021, the minimum wage increased to $10 per hour, so, this Sept. 30, 2022, the minimum wage will jump to $11 per hour, in accordance with the amendment’s schedule. All Florida employers are required to pay employees at least this new minimum rate (or $7.98 plus tips for tipped employees).
But what exactly is the minimum wage and how is it calculated?
The Fair Labor Standards Act (FLSA), which was created by Congress to address actions by employers that were “detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers”, has established, with some exceptions, a federal minimum wage of $7.25. However, the FLSA “provides minimum standards that may be exceeded, but cannot be waived or reduced. Employers must comply, for example, with any Federal, State or municipal laws, regulations or ordinances establishing a higher minimum wage.”
Many states have created a minimum wage which is equal to or exceeds the federal minimum wage. In Florida, the right to be paid a minimum wage is guaranteed by the Florida Constitution. In 2004, the Florida Constitution was amended to create a state minimum wage. That minimum wage is adjusted annually by the Florida Agency for Workforce Innovation based on the rate of inflation during the prior twelve months. Since Florida enacted a state minimum wage in 2005, it has increased as follows:*
- 2005 $6.15
- 2006 $6.40
- 2007 $6.67
- 2008 $6.79
- 2009 $7.21
- 2010 $7.25
- 2011 $7.31
- 2012 $7.67
- 2013 $7.79
- 2014 $7.93
- 2015 $8.05
- 2016 $8.05
- 2017 $8.10
- 2018 $8.25
- 2019 $8.46
- 2020 $8.56
- 2021 $8.65
- 2021 $10 (Effective Sept. 30, 2021)
- 2022 $11 (Effective Sept. 30, 2022)
- 2023 $12 (Effective Sept. 30, 2023)
- 2024 $13 (Effective Sept. 30, 2024)
- 2025 $14 (Effective Sept. 30, 2025)
- 2026 $15 (Effective Sept. 30, 2026)
If you are working in Florida and feel that you have been paid below the minimum wage, you may be entitled to double the wages you are owed. RTRLAW’s Employment Law attorneys are here to help you. Contact us today to schedule a no-obligation consultation. Our attorneys will discuss your case, determine what options you have under applicable laws, and help you pursue your case if you are eligible.
For more information, please call us today toll free at 833-HIRE-RTR, chat with us online right now, or fill out our contact form and we will reach out to you as soon as possible.
 29 USCS § 202
 29 CFR 541.4
 The Florida minimum wage requirements are found in Fla. Const. Art. X, § 24 (Florida Minimum Wage Amendment to Florida’s Constitution) and Fla. Stat. § 448.110 (the Florida Minimum Wage Act).
 The minimum wage in 2011 was $7.25 until May 31, 2011.