Miami-Dade County, FL Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- State law
- HB 433 (2024)
- Preempted topics
- Leave, scheduling, hours
- Surviving local rule
- M-D Wage Theft Ch. 22
- Federal floor
- FMLA unpaid only
Summary
Miami-Dade cannot mandate paid sick leave or predictable scheduling for private employers. House Bill 433 (2024) preempts all local employment benefits, hours, scheduling, and leave standards to the state, voiding any past or future county or city ordinances.
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. (3) This section does not: (a) Limit the authority of a political subdivision to establish a minimum wage other than a state or federal minimum wage or to provide employment benefits not otherwise required under state or federal law: 1. For the employees of the political subdivision; 2.
Full Breakdown
Florida House Bill 433 took effect July 2024 and broadened preemption under FL §218.077 and a new §448.815. Counties and cities may not require employers to provide paid sick leave, paid family leave, predictable scheduling, predictive notice of shifts, or wage theft remedies beyond state law. Miami-Dade had a Wage Theft Ordinance (Chapter 22) predating the preemption that survived because it provides a remedy rather than a benefit, but new local benefit mandates are blocked. Federal FMLA still requires unpaid leave for covered employers. Employers offering paid leave do so voluntarily. The county Living Wage Ordinance covers contractors only.
Violations & Fines
Local ordinances violating preemption are unenforceable and may be challenged in court. Employers facing local paid-leave demands should follow only state and federal law and the Living Wage if a county contract applies.
Frequently Asked Questions
Can my employer in Miami-Dade still offer paid sick leave?
Did Miami-Dade ever pass paid sick leave?
Sources & Official References
Other rules in Miami-Dade County
Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida employment preemption overview
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