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💼 Employment Preemption/Minimum Wage Preemption

Minimum Wage Preemption: Hialeah vs Miami

How do minimum wage preemption rules compare between Hialeah, FL and Miami, FL?

Hialeah has fewer restrictions than Miami.

Hialeah, FL

Miami-Dade County

Few Restrictions

Miami-Dade cannot set its own minimum wage above the Florida rate. The state Constitution Article X Section 24 fixes the floor at $14.84 in 2026, rising to $15 in September and indexed thereafter. Local minimum-wage ordinances are preempted.

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Miami, FL

Miami-Dade County

Heavy Restrictions

Miami cannot set its own minimum wage for private employers. Fla. Stat. § 218.077 preempts municipal wage ordinances. The Florida Constitution (Art. X, § 24) sets the state minimum at $14.00/hour (effective 9/30/2025), rising to $15.00 on 9/30/2026. Tipped wage: $10.98/hour cash + tips.

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Key Facts Comparison

FactHialeahMiami
Constitutional sourceArt. X §24-
2026 rate$14.84 then $15-
Tipped credit$3.02 per hour-
Local preemptionFL §218.077-
State Minimum Wage-$14.00/hr (→ $15.00 on 9/30/2026)
Tipped Wage-$10.98/hr cash + tips
Preemption Statute-Fla. Stat. § 218.077
Miami-Dade Living Wage-$19.55/hr (county contractors only)
City Private-Sector Wage-None — state floor controls

Highlighted rows indicate differences between cities.

Hialeah FAQ

Can Miami-Dade set a $20 local minimum wage?

No. Florida Statute 218.077 preempts local minimum-wage laws. Only the constitutional schedule and indexed adjustments apply across the state.

Does the rate adjust mid-year?

Yes. The constitutional schedule sets a new minimum wage every September 30 through 2026. After 2026, increases follow the federal CPI for urban consumers annually.

Miami FAQ

Is Miami's minimum wage higher than Florida's?

No. The City of Miami follows the $14.00/hour state floor (rising to $15.00 on 9/30/2026). Miami-Dade County's $19.55 living wage applies only to County employees and contractors performing service contracts for the County.

Can the City of Miami pass a $20 minimum wage?

No. Fla. Stat. § 218.077 preempts city wage ordinances for private employers. Miami could only impose the higher rate on its own City workforce or on businesses under direct service contract with the City.

When does Florida reach $15/hour?

September 30, 2026, per Fla. Const. Art. X, § 24, as amended by 2020 Amendment 2. After 2026 the rate is CPI-U South indexed annually.

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