Employers are generally required to pay employees at least the minimum wage. However, there are specific circumstances where an employer can legally pay less than the standard minimum wage. It’s important for all workers to understand these situations and know when and how they can happen.
Minimum wage in Florida
As of 2025, the minimum wage in Florida is $13.00 per hour. This is in line with the state’s commitment to gradually increase the minimum wage to $15.00 per hour by 2026. Employers must pay at least this amount unless a specific exception applies.
Exceptions for paying less than minimum wage
There are a few cases where an employer can legally pay less than the standard minimum wage. One key exception applies to tipped employees. If you work in a job where tips are part of your income (such as in the food service industry), your employer can pay you a lower base wage, but they must ensure that your total earnings—wages plus tips—meet or exceed the minimum wage.
For example, a tipped employee might receive as little as $6.98 per hour in Florida, but tips should bring their total wage up to at least $13.00 per hour. If they don’t, the employer must make up the difference.
Employee training or apprenticeships
Another situation where employers can pay less than minimum wage is during training or apprenticeship programs. Employers may pay trainees or apprentices a lower wage as long as they comply with specific regulations. These programs are typically structured to benefit the employee by offering valuable skills, and the pay discrepancy is allowed as long as the training is relevant to the worker’s future career.
In general, your employer cannot legally pay you less than minimum wage unless you meet specific requirements. If you believe you are being paid below minimum wage and don’t fit into these exceptions, you want to seek advice on your rights.