Miami, FL Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- 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
Summary
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.
218.077 Wage and employment benefits requirements by political subdivisions; restrictions. — (1) As used in this section, the term: (a) "Employee" means any natural person who is entitled under state or federal law to receive a state or federal minimum wage. (b) "Employer" means any person who is required under state or federal law to pay a state or federal minimum wage to the person's employees... (f) "Political subdivision" means a county, municipality, department, commission, district, board, or other public body, whether corporate or otherwise, created by or under state law. (g) "Wage" means that compensation for employment to which any state or federal minimum wage applies. (2) Except as otherwise provided in subsection (3), a political subdivision may not establish, mandate, or otherwise require an employer to pay a minimum wage, other than a state or federal minimum wage, to apply a state or federal minimum wage to wages exempt from a state or federal minimum wage, or to provide employment benefits not otherwise required by state or federal law.
Full Breakdown
Florida's preemption statute, Fla. Stat. § 218.077, bars cities and counties from establishing private-employer wage requirements above the state minimum, except for the subdivision's own workforce, direct contract employers, and tax-abatement recipients. The state minimum wage flows from Art. X, § 24 of the Florida Constitution (2004 Amendment 5 and 2020 Amendment 2): currently $14.00/hour (9/30/2025 - 9/29/2026), going to $15.00 on 9/30/2026, then CPI-indexed annually. The Miami-Dade County minimum wage living-wage ordinance (Code of Miami-Dade County Sec. 2-8.9) sets a higher floor of $19.55/hour (FY 2025-26) for County employees and County service contractors, but this living-wage rule does not reach private employers operating in the City of Miami. The City of Miami itself does not impose a private-sector minimum wage. State enforcement is by the Florida Attorney General; federal enforcement (FLSA $7.25) is by U.S. DOL Wage & Hour.
Violations & Fines
Florida minimum wage claims are pursued under Fla. Stat. § 448.110, requiring 15-day pre-suit notice. Successful plaintiffs recover unpaid wages, equal liquidated damages, attorney's fees, and costs. Attorney General may seek civil penalties up to $1,000 per violation. FLSA federal remedies (29 U.S.C. § 216(b)) apply in parallel for sub-$7.25 violations.
Frequently Asked Questions
Is Miami's minimum wage higher than Florida's?
Can the City of Miami pass a $20 minimum wage?
When does Florida reach $15/hour?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida employment preemption overview
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