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Florida Labor & Employment Lawyer > Blog > Wage and Hour > Florida’s State Minimum Wage Is Rising (September 30th, 2021): A Guide To Your Rights

Florida’s State Minimum Wage Is Rising (September 30th, 2021): A Guide To Your Rights


In November, Florida voters adopted an increase to the state’s minimum wage. Under the law and enabling legislation, the state’s minimum wages will increase from the current rate of $8.65 per hour to $15.00 by 2026. This will happen in incremental increases,  one is starting soon. On September 30th, 2021 the Florida minimum wage will jump to $10.00 per hour. This significant jump—a 15 percent increase in Florida’s minimum wage will continue to rise over the next several years, until it hits $15.00 per hour in 2026. In this article, you will find a guide to your rights under state/federal minimum wage laws.

Employers who do not comply with the increase could be responsible for back wages, plus liquidated damages as well as attorney’s fees and costs.

Florida Voters Increased the Minimum Wage Via Constitutional Amendment (Nov 2020)

As noted by the United States Department of Labor (DOL), the federal minimum wage is $7.25 per hour. The federal statute that contains the minimum wage law is the Fair Labor Standards Act (FLSA). The individual states can—and many do—set an hourly higher minimum wage.

In November of 2020, Florida voters went to the polls to weigh in on Amendment 2—a constitutional amendment to incrementally increase the state’s mandatory minimum wage. The ballot majority narrowly obtained the 60 percent supermajority that it needed to pass.

Employers must comply with Florida’s minimum wage laws. As noted previously, the state minimum wage will rise to $10.00 per hour for all non-exempt hourly employees on September 30th, 2021. It will then increase $1.00 per hour each year until reaching $15.00 in 2026.

What to Do If Your Minimum Wage Rights are Violated in Florida

Were you paid a sub-minimum wage in Florida? If so, you should take immediate action to protect your legal rights and financial interests. You can bring a minimum wage claim if you were paid less per hour than Florida requires by law or if you were wholly uncompensated for certain hours that you worked. Here are three steps to take you protect your rights:

  1. Report the matter to your employer/supervisor (you cannot be punished for complaining about a wage and hour violation).
  2. Document the minimum wage violation. Write down exactly what happened and secure any documents, records, or information.
  3. Consult with a Florida wage and hour lawyer. An employment attorney will protect your rights.

Unpaid wages form the basis of your damages in a minimum wage claim. You can seek compensation for the full value of the wages that you should have been paid under state or federal law. In addition, you may also be eligible to recover liquidated damages under the Fair Labor Standards Act (FLSA). Liquidated damages are essentially a form of penalty damage. They may allow for a “double recovery” in a wage and hour claim.

Speak to an Employment Law Attorney in Florida

Minimum wage laws help to make sure that employees are paid fairly and properly for their hard work. Employers that violate minimum wage regulations must be held accountable. If you have any specific questions or concerns about state or federal minimum wage laws, contact an experienced Florida wage and hour attorney for immediate assistance.

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