Minimum Wage Requirements

Florida Senate
-
2026

SB 1412

By
Senator Martin

33-00113A-26 20261412__
1 A bill to be entitled
2 An act relating to minimum wage requirements;
3 providing a short title; amending s. 448.110, F.S.;
4 exempting an employer from state minimum wage
5 requirements for specified employees; prohibiting
6 certain work-based learning opportunities from lasting
7 longer than a specified timeframe; authorizing
8 employees to voluntarily opt out of the state minimum
9 wage requirements by signing a waiver; prohibiting an
10 employer from coercing an employee into opting out of
11 the state minimum wage; providing requirements for the
12 waiver to be effective for a minor employee; requiring
13 employers to pay an employee at or above the federal
14 minimum wage; providing that an employee’s waiver to
15 opt out of the state minimum wage is only valid for a
16 specified timeframe; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1.
This act may be cited as the “On-the-Job

21
Workforce Training Act.”

22 Section 2. Subsection (3) of section 448.110, Florida
23 Statutes, is amended to read:
24 448.110 State minimum wage; annual wage adjustment;
25 enforcement.—
26 (3)
(a)
Employers shall pay employees a minimum wage at an
27 hourly rate of $6.15 for all hours worked in Florida. Only those
28 individuals entitled to receive the federal minimum wage under
29 the federal Fair Labor Standards Act, as amended, and its
30 implementing regulations shall be eligible to receive the state
31 minimum wage pursuant to s. 24, Art. X of the State Constitution
32 and this section. The provisions of ss. 213 and 214 of the
33 federal Fair Labor Standards Act, as interpreted by applicable
34 federal regulations and implemented by the Secretary of Labor,
35 are incorporated herein.
36
(b)

An employer is not subject to the state minimum wage

37
requirements of this section for an employee who is in a

38
structured work-study program, internship, preapprenticeship

39
program, or other similar work-based learning opportunity and

40
who opts out of receiving the minimum wage. However, such work

41
based learning opportunity may not last longer than 9 months or

42
two full-time semesters consisting of at least 15 credit hours

43
each.

44
(c)

An employee may opt out of receiving the state minimum

45
wage by voluntarily signing a waiver of his or her right to the

46
state minimum wage established under this subsection. The waiver

47
must state that the employee acknowledges his or her right to

48
the state minimum wage pursuant to s. 24, Art. X of the State

49
Constitution and this section and that the employee is knowingly

50
and voluntarily choosing to receive a lesser amount for his or

51
her work-based learning opportunity as described in paragraph

52
(b). An employer may not coerce an employee to opt out of

53
receiving the state minimum wage. If the employee is younger

54
than 18 years of age, in order for the waiver to be effective,

55
the employee’s parent or guardian must have agreed and signed

56
the waiver on behalf of the minor employee at the minor

57
employee’s request.

58
(d)

Except as provided in paragraphs (b) and (c), an

59
employer must pay an employee a wage at or above the federal

60
minimum wage.

61
(e)

An employee’s waiver to opt out of the state minimum

62
wage under this subsection is only valid for 9 months after the

63
date his or her employment with the employer begins. Thereafter,

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the employee must be paid at or above the state minimum wage

65
regardless of his or her position or job title with the

66
employer.

67 Section 3. This act shall take effect July 1, 2026.