Tipped minimum wage / Florida

By NorseHorse. Rates in force on October 15, 2026, checked against the sources at the bottom of this page. General information, not legal advice.

What employers must pay

In Florida, the minimum wage is $15.00 an hour. An employer can pay a tipped employee as little as $11.98 an hour in cash, as long as tips bring the total to at least $15.00. The difference, $3.02, is the tip credit.

Who counts as a tipped employee: more than $30 a month in tips.

If your cash wage plus tips comes up short of $15.00 an hour in a workweek, your employer has to make up the difference.

What changes next

Florida adjusts its minimum wage on January 1, 2028. The new amount had not been published when this page was checked on October 15, 2026. After the $15.00 step, Florida goes back to raising the rate with inflation each year. The state will announce the 2028 rate by September 30, 2027. The tip credit stays at $3.02.

Tip pooling and service charges

Federal rule applies: if the employer takes a tip credit, a mandatory pool may include only workers who customarily and regularly get tips. If no tip credit is taken, back-of-house staff may share. Employers, managers and supervisors may never keep any part of tips.

Overtime

Florida has no state overtime law, so federal rules apply: time and a half after 40 hours a week, with no daily overtime. Tipped overtime is figured on the full $15.00 minimum, not the cash wage.

Taxes on your tips

Florida does not tax wage income, so there is no state income tax on your tips. Federal income tax, Social Security and Medicare still apply. The federal tip deduction can cut the income tax part: see how the No Tax on Tips deduction works.

Check a week's pay

If you are underpaid

Start by comparing your pay stubs with your own record of hours and tips. Florida has no state agency that enforces the minimum wage, so complaints go to the U.S. Department of Labor, Wage and Hour Division: how to file, or call 1-866-487-9243. The U.S. Department of Labor enforces only the federal $7.25. To recover Florida's higher rate, Florida law lets you give your employer written notice and then sue (Florida Statutes section 448.110), and the Florida Attorney General can also enforce it.

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