Nason Yeager’s labor and employment practice helps West Palm Beach businesses adjust to Florida’s $15 minimum wage and tighter wage and hour scrutiny
WEST PALM BEACH, Fla. – October 20, 2026 – Florida’s minimum wage rose to $15.00 per hour on September 30, 2026, the last scheduled step-up under the constitutional amendment voters approved in 2020. Nason, Yeager, Gerson, Harris & Fumero, P.A. is reminding West Palm Beach and Palm Beach County employers to review pay practices, overtime classifications, and independent contractor relationships to reduce exposure to wage claims.
Quick Answer: Florida’s minimum wage is $15.00 per hour as of September 30, 2026, and the minimum cash wage for tipped employees is $11.98. Employers should audit overtime exemptions, timekeeping, and contractor classifications. A West Palm Beach labor and employment attorney at Nason Yeager can review those practices before a claim is filed.
The Wage Landscape in 2026
Wage and hour lawsuits are among the most common employment claims filed in Florida, and many are brought as collective or class actions. Under the federal Fair Labor Standards Act, employees can recover unpaid wages, an equal amount as liquidated damages, and attorney’s fees. Florida’s Minimum Wage Act provides similar remedies. Because recoveries can double and fee awards can exceed the wages at issue, small pay errors repeated across a workforce can become significant liabilities.
| Wage Item | Current Florida Rule |
|---|---|
| Minimum wage | $15.00/hour (since Sept. 30, 2026) |
| Tipped employee cash wage | $11.98/hour |
| Overtime | 1.5x regular rate over 40 hours/week |
| FLSA lookback | 2 years, 3 if willful |
Hospitality, healthcare, retail, construction, and service businesses in West Palm Beach are especially affected, because many of their workers are paid at or near the minimum or receive tips.
Common Compliance Risks
A Palm Beach County wage and hour lawyer from Nason Yeager typically looks first at these recurring problem areas:
- Exempt misclassification: Job titles do not determine exempt status. Employees must meet both salary and duties tests. After a federal court vacated the U.S. Department of Labor’s 2024 salary rule, the federal minimum salary for most white-collar exemptions returned to $684 per week.
- Independent contractor misclassification: Workers treated as contractors may be employees under the economic realities test, which exposes the business to back wages, overtime, and tax consequences.
- Off-the-clock work: Pre-shift tasks, post-shift closing duties, and after-hours messages answered on phones can all be compensable time.
- Regular rate errors: Bonuses, shift differentials, and commissions must often be included when calculating overtime.
- Tip practices: Tip pools, tip credits, and service charges must follow federal and Florida rules.
How Nason Yeager Helps
As a South Florida employment law firm, Nason Yeager conducts privileged wage and hour audits. It also restructures compensation plans, drafts timekeeping and pay policies, and defends employers against individual, collective, and class wage claims. Because pre-suit notice letters and Florida minimum wage demands can arrive with short response deadlines, the firm also helps employers evaluate and resolve claims early.
Employers in south county can work with the firm’s Boca Raton employment law firm team, while the broader Florida employer defense law firm practice handles litigation statewide. For businesses that pair compensation changes with confidentiality or noncompete agreements, a South Fl non-compete agreement attorney can make sure those agreements are properly supported and enforceable.
Frequently Asked Questions
What is Florida’s minimum wage right now?
$15.00 per hour, effective September 30, 2026. Future annual adjustments are tied to inflation.
Can I pay a salaried employee less than overtime if they earn a salary?
Not automatically. A salaried employee is exempt from overtime only if they meet both the salary threshold and the duties test for a recognized exemption.
How far back can employees recover unpaid wages?
Under the FLSA, two years, or three years for willful violations. Florida minimum wage claims can carry a longer limitations period in some circumstances.
About Nason Yeager
Nason, Yeager, Gerson, Harris & Fumero, P.A. is a full-service law firm headquartered in Palm Beach Gardens, Florida. Since 1960, the firm has represented businesses, individuals, and public entities in labor and employment, business and corporate law, real estate, construction, securities, land use, data privacy, litigation, and estate planning. Learn more at nasonyeager.com.
Contact Nason Yeager
Palm Beach Gardens: (561) 686-3307 | Seacoast National Centre, 3001 PGA Boulevard, Suite 305, Palm Beach Gardens, FL 33410
Boca Raton: (561) 982-7114 | 750 Park of Commerce Boulevard, Suite 210, Boca Raton, FL 33487
Fort Lauderdale: (561) 686-3307 | 110 East Broward Boulevard, Suite 1010, Fort Lauderdale, FL 33301
Tampa/St. Petersburg (By Appointment Only): (561) 686-3307 | First Central Tower, 360 Central Avenue, Suite 800, St. Petersburg, FL 33701
This release provides general information and is not legal advice.
Sources and Further Reading
- Florida Minimum Wage, Article X, Section 24, Florida Constitution – State of Florida
- Florida Minimum Wage Act, Section 448.110, Florida Statutes – Florida Legislature
- Fair Labor Standards Act, 29 U.S.C. § 201 et seq. – U.S. Department of Labor
- State of Texas v. U.S. Department of Labor (E.D. Tex. 2024) – U.S. District Court
- Fact Sheet #17A: Exemptions for Executive, Administrative, and Professional Employees – U.S. Department of Labor
About Brian French
Led by a commitment to tech-intelligent curation, Brian French tracks and analyzes corporate developments and writes Press Releases on Florida's dynamic companies, leaders and economy. Brian brings an extensive financial background to his analysis, having graduated from the University of South Florida in Finance and serving as a Vice President and Portfolio Manager for Merrill Lynch Private Investors and the Trust Department in St. Petersburg, FL, as well as a Vice President and Trust Investment Officer for SunTrust Bank in Sarasota, FL. His writing blends macroeconomic trends, capital markets, corporate strategy, and modern digital insights for a sophisticated look at Florida's business market.
