Florida Wage and Hour Laws

2. Florida Legal Context

Key legal rules for Florida employers include:

• Minimum Wage
  • Florida sets its own minimum wage, adjusted annually based on inflation and a 2020 constitutional amendment (Art. X, §24, Fla. Const.).
  • As of September 30, 2025, the minimum wage will be $13.00/hour, increasing by $1 each year until it reaches $15.00/hour in 2026.
  • Employers may take a tip credit of up to $3.02, meaning tipped employees must earn at least $9.98/hour in direct wages, plus tips to reach the full minimum.
• Overtime (Federal FLSA)
  • Florida does not have its own overtime law, so the federal Fair Labor Standards Act (FLSA) applies.
  • Non-exempt employees must be paid 1.5x their regular rate for hours worked over 40 in a workweek.
• Record-Keeping
  • Employers must maintain accurate time and payroll records.
  • Independent contractor misclassification can trigger wage law violations.
• Penalties
  • Employees can recover back wages, double damages, and attorney’s fees in wage lawsuits.
  • The Florida Department of Economic Opportunity and U.S. Department of Labor enforce wage compliance.

3. Real-World Application

Examples of wage and hour issues in Florida:

• A Tampa restaurant must pay tipped servers at least the Florida tipped minimum wage plus tips.
• A Miami tech company misclassifies junior developers as exempt “professionals” and is sued for unpaid overtime.
• An Orlando construction company faces penalties for failing to keep proper time records.

4. Why It Matters for Business Owners

Wage and hour compliance is one of the biggest risks for Florida employers.

Why it matters:

• Financial risk: Back pay and double damages can add up quickly.
• Employee morale: Fair pay practices improve retention and reduce turnover.
• Legal exposure: Wage lawsuits are among the most common employment claims.
• Reputation: Noncompliance damages public image and employee trust.

Common mistakes Florida employers make:

• Paying a flat salary without confirming the employee is exempt under FLSA.
• Failing to adjust payroll when the Florida minimum wage increases annually.
• Not paying overtime to “salaried” employees who don’t qualify as exempt.
• Withholding tips illegally from tipped employees.

5. Real-World Florida Examples

• A Sarasota hotel paid over $200,000 in back wages after failing to pay overtime to housekeeping staff.
• A Jacksonville bar faced litigation for forcing tipped employees to share tips with managers — a violation of state and federal law.
• A Fort Lauderdale retailer avoided penalties by conducting a wage compliance audit after Florida’s minimum wage increased.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we help Florida businesses stay compliant and defend against wage claims. Our services include:

• Reviewing payroll systems for compliance with Florida and federal laws
• Advising on exempt vs. non-exempt employee classifications
• Drafting policies for overtime, tips, and record-keeping
• Defending wage and hour lawsuits or Department of Labor investigations
• Conducting wage audits to prevent future liability

We make sure your business pays fairly, stays compliant, and avoids costly penalties.

7. FAQs (Frequently Asked Questions)

Q: What is Florida’s minimum wage in 2025?
A: $13.00 per hour, effective September 30, 2025.

Q: Do salaried employees get overtime in Florida?
A: Only if they are non-exempt. Salary alone does not exempt employees — their job duties must meet federal exemption tests.

Q: Can I pay tipped employees less than minimum wage?
A: Yes, but only if tips bring them up to at least the Florida minimum wage.

Q: What happens if I don’t comply with wage laws?
A: You may face lawsuits, double damages, attorney’s fees, and government penalties.

Q: Why hire a lawyer for wage law compliance?
A: A lawyer ensures proper classifications, payroll practices, and defense against wage claims — protecting your business from costly mistakes.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

• Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
• 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
• 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.