Florida HR Compliance
for Small Businesses

The minimum wage in Florida is $14.00/hour (eff. Sept 30, 2025). Tipped: $10.98. Rising to $15.00 Sept 30, 2026.. Tipped employees may be paid $10.98/hour (2025); $11.98 (Sept 30, 2026) with a valid tip credit. Always verify the current rate at the start of each calendar year — many state rates are indexed to CPI and adjust annually.

In Florida: involuntary terminations — Next regular payday (no state law — federal baseline). Voluntary resignations — . Accrued PTO is not required to be paid out on termination unless your written policy promises it. Never hold a final paycheck over unreturned equipment or unsigned paperwork — that exposes you to wage claims regardless of the circumstances.

Florida does not have a statewide paid sick leave law as of 2026. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying employees at employers with 50 or more workers. Offering paid sick leave voluntarily improves retention and reduces unplanned absenteeism.

Florida does not have a state-mandated paid family leave program. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for employers with 50 or more employees. Employers can offer private paid leave or short-term disability insurance.

Florida does not currently have a statewide law requiring salary ranges in job postings. Pay equity best practice is to establish documented pay bands and apply them consistently, regardless of what the law requires.

CHOICE Act (eff. July 2025): enhanced enforceability for employees earning 2x+ county annual mean wage (~$120,000+). Up to 4-year noncompetes. Courts must issue preliminary injunctions. Existing §542.335 still governs other agreements. Florida courts evaluate noncompetes for legitimate business interest and reasonableness of scope, geography, and duration.

Florida uses the following test to determine worker classification: FLSA economic reality test and IRS guidelines. Misclassification exposes employers to back taxes, penalties, and liability for benefits and wage-hour violations. When in doubt, consult counsel before engaging contractors for ongoing work.

Meal breaks: None required for adults. Minors under 18 working 4+ hours: 30-min break.. Rest breaks: None required. Missing a required break can trigger a premium pay penalty — make sure managers understand that breaks are mandatory, not optional, and document compliance in timekeeping records.