Florida tip laws (2026)
Florida's minimum wage is $15.00 an hour as of September 30, 2026, and tipped workers can be paid $11.98 in cash, with the tip credit capped at $3.02. That rate holds through December 31, 2027, and inflation adjustments start January 1, 2028. Since July 1, 2026, service charges and auto-gratuities have to be disclosed on menus and broken out on receipts.
Florida at a glance
Tip credit allowedFlorida: $15.00 an hour minimum wage. Tipped staff can be paid $11.98 cash, with up to $3.02 counted from tips.
| State minimum wage | $15.00/hr | Statewide from .[1] |
|---|---|---|
| Tipped cash wage | $11.98 | Plus up to $3.02 in tips = $15.00.[1] |
| Max tip credit | $3.02 | Counted from tips.[2][3] |
| Tip pooling | Allowed | Mandatory pools allowed.[4][3] |
| Card-fee deduction | Pro rata only | Only the tip's share of the fee, under federal rules.[4] |
| Card tip payout | Collected tips are due by regular payday under federal law, with a narrow exception. | No separate Florida tip deadline was found.[4][3] |
| Local minimum wages | None | State law blocks local rates.[5] |
Rates verified against the Florida Attorney General's Office on . Rates as of . Tipped totals are worked out from the rates above. Download this data (CSV)
02The yes/no sheet
Can you do this in Florida?
In Florida you can take a tip credit of up to $3.02 an hour, can require staff to join a tip pool and can take out only the tip's share of a card fee. Each answer below carries its condition and an official source.
| Number | Can you… | Answer | The condition |
|---|---|---|---|
| 01 | Take a tip credit against minimum wage? | Yes | Pay at least $11.98 cash and count up to $3.02 in tips. Tips must cover the gap.[1][2][3] |
| 02 | Make staff join a tip pool? | Yes | Federal mandatory pools are allowed: full cash minimum for kitchen pools without a credit, and no manager or owner shares.[4][3] |
| 03 | Include bartenders, bussers, runners and hosts? | Depends | Bartenders and bussers can share. Food runner and host: fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4][3] |
| 04 | Include cooks and dishwashers? | Depends | Cooks and dishwashers can join a pool only if everyone gets Florida's full $15.00 minimum in cash, with no tip credit. Managers stay out.[4][3] |
| 05 | Give managers or supervisors a share? | No | Managers and supervisors who meet the duties test can't take employee tips or pool shares. They keep only tips from service they alone provide.[4] |
| 06 | Let an owner keep any of the tips? | No | Owners with a real 20% stake who help run the place count as managers here. No employer can keep employees' tips.[4] |
| 07 | Pick your own split (hours, points or percentages)? | Depends | The employer can set a valid mandatory pool. In a traditional pool, tipped workers have to be told the required contribution amounts.[4] |
| 08 | Take card processing fees out of tips? | Pro rata (federal) | Federal rule: only the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[4] |
| 09 | Hold card tips until payday? | Deadline | Collected tips are due by regular payday under federal law, with a narrow exception. No separate Florida tip deadline was found.[4][3] |
| 10 | Cover walkouts, breakage or register shortages from tips? | No | Not from tips.[4] |
| 11 | Keep a mandatory service charge for the house? | Federal rule | Operations charges include service fees, auto-gratuities, card surcharges and delivery fees. Disclose them on menus, order sites and bills. Under federal law, they aren't tips.[6][4] |
| 12 | Pay tips on a payroll card? | Yes | Must be redeemable in cash on demand without discount; federal choice and alternative protections also apply. Offer another way to get paid too.[7][8][9] |
03State vs federal
Florida vs federal law
Florida sets a stricter rule than federal law on 3 of the 10 rules below, starting with a $15.00 minimum wage against the federal $7.25. Where the two differ, the rule that is better for the worker applies.
| Rule | Federal (FLSA) | Florida | Comparison |
|---|---|---|---|
| Minimum wageStricter | Federal$7.25[4] | Florida$15.00[1] | Stricter |
| Tipped cash wageStricter | Federal$2.13[4] | Florida$11.98[1] | Stricter |
| Max tip creditStricter | Federal$5.12[4] | Florida$3.02[2][3] | Stricter |
| Who counts as tippedState rule | FederalMore than $30 a month in tips, customarily and regularly received in the occupation.[4] | FloridaFlorida uses federal tip-credit eligibility, including the more-than-$30-a-month test.[3][4] | State rule |
| Managers in the poolState rule | FederalManagers/supervisors meeting the executive duties test cannot keep employees’ tips or receive from pools; they may keep only tips received directly for services they directly and solely provide. No salary-level test is used for this tip restriction.[4] | FloridaManagers and supervisors who meet the duties test can't take employee tips or pool shares. They keep only tips from service they alone provide.[4] | State rule |
| Kitchen in the poolState rule | FederalCooks and dishwashers may join a nontraditional mandatory pool only when all workers receive a direct cash wage of at least the full federal minimum wage and no tip credit is taken; employer/managers/supervisors remain excluded. State law may be stricter.[4] | FloridaCooks and dishwashers can join a pool only if everyone gets Florida's full $15.00 minimum in cash, with no tip credit. Managers stay out.[4][3] | State rule |
| Card fees from tipsFederal applies | FederalOnly the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[4] | FloridaFederal rule applies.[4][3][6] | Federal applies |
| Card tip payoutState rule | FederalCharged tips due by regular payday, without waiting for processor reimbursement. Employer-administered pools fully distributed by regular payday for the workweek/pay period; if the amount/distribution cannot be determined before payroll, distribute as soon as practicable afterward.[4] | FloridaCollected tips are due by regular payday under federal law, with a narrow exception. No separate Florida tip deadline was found.[4][3] | State rule |
| Mandatory service chargesState rule | FederalA compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[4] | FloridaOperations charges include service fees, auto-gratuities, card surcharges and delivery fees. Disclose them on menus, order sites and bills. Under federal law, they aren't tips.[6][4] | State rule |
| Overtime for tipped staffState rule | FederalFor covered nonexempt employees, overtime generally begins after 40 hours in a workweek. Use the full regular rate, at least the full federal minimum wage, not $2.13; the hourly tip credit is not increased for overtime. Voluntary tips above the tip credit are excluded; distributed service charges enter the regular rate.[4] | FloridaOvertime after 40 hours a week, figured on the full regular rate. The credit doesn't grow. Voluntary tips are left out; distributed service charges count.[4][10][11] | State rule |
Every state starts from the same federal floor. Federal tip law baseline: the FLSA rules, rates and sources, and how Florida fits among the four tip credit classes.
04Wages
Minimum wage and the tip credit in Florida
In Florida employers can pay tipped staff $11.98 an hour and count up to $3.02 in tips toward the $15.00 minimum. If tips fall short, the employer makes up the difference.[1]
One server, one slow 30-hour week in Florida
A busy week with $90.60 or more in tips needs no top-up. Every tip above that is the server's. Fictional worker and tips.
- Tip credit conditions
- Meet federal tip-credit rules on eligibility, notice, retention and pools. Florida caps the credit at the 2003 federal amount, $3.02. Employers cover shortfalls to $15.00.[3][1][4]
- Who counts as tipped
- Florida uses federal tip-credit eligibility, including the more-than-$30-a-month test.[3][4]
Other rates
| Rate | Hourly |
|---|---|
| Tier Covered restaurant/bar employeesFlorida's minimum follows federal coverage. Qualifying tipped workers get at least $11.98 in cash. Since .[1] | $15.00 |
Scheduled increases
No statewide increase with a published amount is on file as of .
Scheduled increases
From $14 to $15, then inflation takes over
Florida's step-by-step climb reached $15.00 on September 30, 2026. The rate holds through 2027, and inflation adjustments begin January 1, 2028.[1][2][3]
- In effect$14.00, with $10.98 cash The rate in effect for the year before the last step.[2]
- In effect$15.00, with $11.98 cash The current rate, set to hold through December 31, 2027.[1]
- ComingInflation math The constitution calls for the first inflation calculation in September 2027.[3]
- ComingFirst inflation-adjusted rate The adjusted rate takes effect. The amount isn't published yet.[3]
06Tip pool
Who can be in the tip pool in Florida
Florida allows tip pools, and employers can make them mandatory. Owners, managers and supervisors can't share in them. A tip pool collects tips and splits them among staff; a tip-out is one worker handing part of their tips to others.
| Role | Can share? | Condition |
|---|---|---|
| Front of house | ||
| Server | Allowed | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Bartender | Allowed | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Busser | Allowed | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Food runner | Depends | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Host | Depends | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Barback | Depends | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Expo | Depends | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Back of house | ||
| Cook | Depends | Only in a pool where everyone gets the full $15.00 minimum in cash and no tip credit is taken. No manager shares.[4][3] |
| Dishwasher | Depends | Only in a pool where everyone gets the full $15.00 minimum in cash and no tip credit is taken. No manager shares.[4][3] |
| Leadership | ||
| Shift lead | Depends | Fine in a pool for customarily tipped jobs. Non-tipped roles need the full cash minimum with no tip credit. Managers are out.[4] |
| Manager or supervisor | Not allowed | No share of employee pool tips. Real duties and ownership decide who counts, not the job title.[4] |
| Owner | Not allowed | No share of employee pool tips. Real duties and ownership decide who counts, not the job title.[4] |
- Managers and supervisors
- Managers and supervisors who meet the duties test can't take employee tips or pool shares. They keep only tips from service they alone provide.[4]
- Owners
- Owners with a real 20% stake who help run the place count as managers here. No employer can keep employees' tips.[4]
- Back of house
- Cooks and dishwashers can join a pool only if everyone gets Florida's full $15.00 minimum in cash, with no tip credit. Managers stay out.[4][3]
- Who sets the percentages
- The employer can set a valid mandatory pool. In a traditional pool, tipped workers have to be told the required contribution amounts.[4]
07Put it to work
Setting up a tip pool in Florida
Under Florida rules, 6 of the 10 staff in this example can share a $1,200 pool. The table splits the same pool by percentage, by points and by hours.
| Who | By % | By points | By hours |
|---|---|---|---|
| Maya | $268.29 | $250.00 | $211.78 |
| Jordan | $268.29 | $250.00 | $211.76 |
| Priya | $268.29 | $250.00 | $211.76 |
| Sam | $175.61 | $200.00 | $211.76 |
| Luis | $109.76 | $125.00 | $176.47 |
| Ava | $109.76 | $125.00 | $176.47 |
| Theo | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Kim | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Rafa | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Dana | Not in the pool. No share of employee pool tips. | ||
| Total | $1,200.00 | $1,200.00 | $1,200.00 |
Fictional restaurant and staff. The guest-facing staff here are assumed to meet Florida's condition for sharing (see who can be in the tip pool, above). Percentages and point weights are examples, not a recommendation. Shares are rounded to the cent, and any leftover cent goes to the first server. Run your own numbers in the tip pooling calculator.
Ferry Tip Manager: support pool split by hours
Servers and bartenders pay into the support pool, and Tip Manager splits it by hours worked. Each person sees their share, with no spreadsheet at close.
Who it's for Full-service restaurants that tip out bussers, runners and bar backs
08Service charges
Service charges vs tips in Florida
Florida law doesn't say who a mandatory service charge belongs to, but it does set rules for how the charge is shown to guests. Under federal law a mandatory service charge is not a tip, and any part paid to staff counts as wages.
| Question | OptionalTip | MandatoryService charge |
|---|---|---|
| Who sets the amount | The guest | The business |
| Who it belongs to | The worker it was left for, or the pool | Operations charges include service fees, auto-gratuities, card surcharges and delivery fees. Disclose them on menus, order sites and bills. Under federal law, they aren't tips.[6][4] |
| Can it go to staff? | Yes, through the pool | Yes. Amounts paid to staff are wages, not tips.[4] |
| How it's taxed (federal) | Tip income the worker reports | Regular wages, with payroll taxes[16][17] |
| Guest notice | None needed | Show amount (or percent) and purpose on menus, contracts and order sites, in at least menu-description type. Bills get a notice; receipts, separate lines.[6] |
- Step 1Did the guest choose whether to pay it, and how much?YesIt's a tip. It belongs to staff.NoIt's a mandatory charge. Go to step 2.
- Step 2What does Florida say?Federal ruleOperations charges include service fees, auto-gratuities, card surcharges and delivery fees. Disclose them on menus, order sites and bills. Under federal law, they aren't tips.[6][4]
- Step 3Check the cityNo city service charge rules on file for Florida.
- Menu and receipt notice
- Show amount (or percent) and purpose on menus, contracts and order sites, in at least menu-description type. Bills get a notice; receipts, separate lines.[6]
- Large-party auto gratuities
- Auto-gratuities are operations charges: disclose them and give them their own receipt line. Federal law treats them as wages, not voluntary tips.[6][16][17]
Local service charge rules
No local service charge rules on file for Florida.
More on the difference: service charge vs tip.
Operations charges
What Florida restaurants have to disclose about add-on fees
Since July 1, 2026, any required fee on top of food and drink, other than tax, is an operations charge. It has to be disclosed up front and broken out on the receipt.[6][14]
- Menu, written contract and ordering website or app show the amount or percentage and the purpose
- The notice type is at least as large as the menu item descriptions
- The bill says an operations charge is included
- Receipts list gratuity, operations charge and sales tax on separate lines
- An automatic gratuity inside the charge gets its own receipt line
09Card tips
Card tips in Florida: fees and payout timing
In Florida only the tip's share of the card processing fee can come out of a card tip, under federal rules. Payout deadline: collected tips are due by regular payday under federal law, with a narrow exception. No separate Florida tip deadline was found.
Only the tip's share of the actual card fee, and pay can't drop below $15.00 total or $11.98 cash. Customer surcharges follow separate rules.[4][3][6]
When card tips have to land
- TonightGuest adds a tip On the card, at the table.
- CloseShift is tallied The pool is split by your rules.
- DeadlineFlorida rule Collected tips are due by regular payday under federal law, with a narrow exception. No separate Florida tip deadline was found.[4][3]
- Last dayFinal pay No faster Florida final-pay deadline was found. Federal law doesn't require an immediate final check, but wages unpaid by payday can support a claim.[18]
Paydays: No state rule. Federal rule applies: required minimum wages and overtime are due on the regular payday for the period in which the workweek ends; state pay-frequency requirements must be researched separately.[4][19]
Paying tips on a payroll card
- Allowed?YesMust be redeemable in cash on demand without discount; federal choice and alternative protections also apply.[7]
- Worker consent needed?YesFederal rules require worker choice. A separate Florida written-consent rule wasn't settled.[8][9]
- Free way to get the money?State ruleA payroll debit card has to be cashable on demand, without discount, at a named Florida business, with funds available at least 30 days.[7]
- Must you offer another option?YesCFPB requires at least one alternative; this is the federal baseline.[8][9]
- Holding cash tipsState ruleFederal tip-ownership and payday rules apply. No separate Florida cash-tip deadline was found.[4][3]
- Tips shown on the pay stubNo (federal)No state rule. Federal rule applies: no. FLSA does not require pay stubs; state laws and employer records are separate.[20][9]
Ferry Pay: each tip share, paid out digitally
Each person's direct tips, tip outs and payable amount in one view, then paid through Ferry Pay. No cash to keep on hand for payouts. Eligibility and fees apply.
Who it's for Operators who want to stop the nightly cash run
“Since launching this card program, we've reduced our cash-carrying costs by over 66 percent”
10Records
Records and notices in Florida
Keep each tipped worker's tips and hours on record, shift by shift. Federal law: payroll records 3 years, wage-math records 2 years.
Florida State
- Tip records Federal wage and tip records apply. Customer receipts separately list gratuity, operations charge and tax.[4][3][6]
- How long to keep them Federal: payroll records 3 years, wage-math records 2 years. Tax rules are separate.[21]
- Tip credit notice Required. Tell workers first: cash wage, credit amount, credit capped at actual tips, tips stay theirs outside a valid pool, and any pool contribution amounts.[4][3]
- Posters and forms Florida minimum-wage poster conspicuously accessible at each establishment; Federal FLSA minimum-wage poster; Operations-charge notices and separate customer receipt lines when applicable.[21][6][11]
Everywhere Federal
- Tip records Maintain employee identity, time and pay records. Tip-credit employers additionally retain tipped employee, reported tips, credit amounts and hours/earnings by tipped and nontipped occupation. No-tip-credit employers operating mandatory pools record each recipient and weekly/monthly tips. IRS daily records/reporting are separate obligations.[4]
- How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[21]
- Tip credit notice Oral or written notice must state cash wage; tip credit amount; credit cannot exceed actual tips; employee retains tips except valid traditional pool; credit unavailable until informed. Traditional pool contribution amounts also disclosed.[4]
- A written pool policy Good practice, not a federal rule: who's in, how it splits, when it pays. Share it with staff. How to write one.
Think your tips were handled wrong in Florida?
Workers in Florida can file a tip or wage claim with the Florida Attorney General's Office (850-414-3300). Filing is free, and this page can't settle a dispute; the state can.[15]
Retaliation: State law and the constitution bar retaliation for using minimum wage rights, complaining, telling others or helping someone assert them.[15]
Penalties: Back wages, equal damages and fees, after written notice and 15 days to pay. The Attorney General can seek $1,000 per willful violation.[15]
Can they take this out of my tips?
- Walkouts and dine-and-dashNot allowedEmployee tips cannot reimburse employer losses. Separate wage-deduction rules may also apply.[4]
- BreakageNot allowedEmployee tips cannot reimburse employer losses. Separate wage-deduction rules may also apply.[4]
- Register shortagesNot allowedEmployee tips cannot reimburse employer losses. Separate wage-deduction rules may also apply.[4]
- UniformsNot allowedEmployee tips cannot pay employer uniform costs. Separate wage-deduction rules may also apply.[4]
- Card processing feesAllowedOnly the tip's share of the actual card fee, and never enough to drop pay below required wages.[4]
- A manager's shareNot allowedEmployers, managers and supervisors cannot receive employee tip-pool shares.[4]
11Law changes
What changed in Florida tip law, and what's coming
No statewide increase with a published amount is on file for Florida as of . Most recent change: General minimum $15.00 and tipped cash $11.98 through December 31, 2027. Inflation math follows in September 2027, effective the next January ().
- ChangedGeneral minimum $15.00 and tipped cash $11.98 through December 31, 2027. Inflation math follows in September 2027, effective the next January.[1]
- ChangedChapter 2025-113's operations-charge notice and receipt rules took effect.[14]
- ChangedGeneral minimum was $14.00 and tipped cash $10.98 before the September 2026 step.[2]
Key statutes
- Florida Constitution Article X, Section 24: minimum wage, tip credit and enforcement
- F.S. 448.109/448.110: posters and civil minimum-wage claims
- F.S. 509.214: operations-charge notices and receipts
- F.S. 532.01/532.04: payroll cards and direct-deposit choice
- F.S. 218.077: local wage preemption and exceptions
Not covered here? Ask the Florida Attorney General's Office at 850-414-3300 or on myfloridalegal.com.
12FAQ
Florida tip law questions
Plain answers to the 8 questions restaurant owners and staff ask most about Florida tip law, each linked to its source.
What is Florida's tipped minimum wage?
When does Florida's minimum wage go up next?
How big is Florida's tip credit?
Can cooks join a tip pool in Florida?
What is an operations charge?
Any required fee, other than tax, added on top of food and drink. Service charges, auto-gratuities, card surcharges and delivery fees all count. Tips the customer chooses don't.[6]
Where do operations charges have to be disclosed?
On the menu, written contract and any order website or app, with the amount or percentage and purpose. The bill needs a notice, and receipts list gratuity, the charge and tax separately.[6]
Can wages go on a payroll debit card?
How does a worker bring a minimum wage claim?
Send the employer written notice of the wages, dates, hours and amount claimed. The employer gets 15 calendar days to pay or resolve it before a lawsuit.[15]
13Compare
How Florida compares with nearby states
Florida borders Alabama, Georgia and South Carolina. None of the neighbors with a page pays a higher minimum wage than Florida's $15.00. Running locations on both sides of a line? Each one follows its own state's rules.
Neighboring states
States with the same rules
Same tip credit class as Florida: Tip credit, cash wage above federal.
- Arizona tip laws$15.15 min wage $12.15 tipped cash wage Also a tip credit with a cash wage above $2.13, and only the tip's share of card fees
- New York tip laws$16.00 min wage $10.70 tipped cash wage Also a tip credit with a cash wage above $2.13, and only the tip's share of card fees
- District of Columbia tip laws$18.40 min wage $10.30 tipped cash wage Also a tip credit with a cash wage above $2.13, and only the tip's share of card fees
- Illinois tip laws$15.00 min wage $9.00 tipped cash wage Also a tip credit with a cash wage above $2.13, and only the tip's share of card fees
- Missouri tip laws$15.00 min wage $7.50 tipped cash wage Also a tip credit with a cash wage above $2.13, and only the tip's share of card fees
- Vermont tip laws$14.42 min wage $7.21 tipped cash wage Also a tip credit with a cash wage above $2.13, and only the tip's share of card fees
The law decides who's in. Ferry runs the split.
See how operators set pool rules in Ferry Tip Manager and pay tips out without a cash run. Bring your own Florida setup.
14Sources
Sources for Florida tip laws
Every figure on this page links to one of these 22 sources: 19 for Florida and 3 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.
- 1Minimum Wage NoticeHernando County Government, Florida · Official source · Page updated · Checked Pinpoint: Minimum Wage Noticewww.hernandocounty.us/county-government/employee-resources/minimum-wage-notice
What the source says
“Effective September 30, 2026, the Florida minimum wage will be $15.00 per hour, with a minimum wage of at least $11.98 per hour for tipped employees, in addition to tips, through December 31, 2027.”
- 2Minimum Wages for Tipped Employees, July 1, 2026U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: DOL July 1, 2026 Florida rowwww.dol.gov/agencies/whd/state/minimum-wage/tipped
What the source says
“Florida 4 $14.00 $3.02 $10.98 More than $30”
- 3Florida Constitution, Article X, Section 24Florida Legislature · Official source · Checked Pinpoint: Article X, Section 24(c)www.leg.state.fl.us/statutes/index.cfm?submenu=3#A10S24
What the source says
“For tipped Employees meeting eligibility requirements for the tip credit under the FLSA, Employers may credit towards satisfaction of the Minimum Wage tips up to the amount of the allowable FLSA tip credit in 2003. (d) RETALIATION PROHIBITED.”
“Employers shall pay Employees Wages no less than the Minimum Wage for all hours worked in Florida.”
- 4Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Checked Pinpoint: Tip Credit, paragraph 3; opening paragraph; Typical Problems, Overtime Problems, item 1www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
What the source says
“Employers claiming a tip credit must be able to show in each workweek that tipped employees receive at least the full federal minimum wage when direct (or cash) wages and the tip credit amount are combined.”
“a tipped employee is an employee engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.”
“When an employer takes a tip credit, overtime must be calculated based on the full minimum wage, which is currently $7.25 an hour, not the lower direct (or cash) wage payment.”
- 52026 Florida Statutes 218.077, Local Wage RestrictionsFlorida Legislature · Official source · Page updated 2026 · Checked Pinpoint: 218.077(2)(a)www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0218/Sections/0218.077.html
What the source says
“a political subdivision may not establish, mandate, maintain, 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”
- 62026 Florida Statutes 509.214, Operations ChargesFlorida Legislature · Official source · Page updated 2026 · Checked Pinpoint: 509.214(1)(b)www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0509/Sections/0509.214.html
What the source says
““Operations charge” means an automatic fee or charge, other than a government-imposed tax, that a customer is required to pay in addition to the cost of the food and beverage purchased.”
“Every public food service establishment which charges an operations charge shall include a notice on the food menu, written contract, and website or mobile application where food and beverage orders are placed, as applicable, that includes the amount or percentage”
“of the operations charge and the purpose of the operations charge.”
- 72026 Florida Statutes 532.01, Wage PaymentFlorida Legislature · Official source · Page updated 2026 · Checked www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0532/Sections/0532.01.html
What the source says
“Any order, check, draft, note, memorandum, payroll debit card, or other acknowledgment of indebtedness issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some established”
“place of business in the state, the name and address of which must appear on the instrument or in the payroll debit card issuing materials, and at the time of its issuance, and for a reasonable time thereafter, which must”
“be at least 30 days, the maker or drawer must have sufficient funds or credit, arrangement, or understanding with the drawee for its payment.”
- 8What is a payroll card?Consumer Financial Protection Bureau · Official source · Page updated · Checked Pinpoint: paragraph following definitionwww.consumerfinance.gov/ask-cfpb/what-is-a-payroll-card-en-401
What the source says
“Your employer can’t require you to receive your wages on a payroll card.”
“Your employer has to offer you at least one alternative to a payroll card.”
- 9Current Florida Chapter 532leg.state.fl.us · Official source · Page updated 2026 · Checked Pinpoint: 532.04(1); 532.04(2)www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0532/0532.html
What the source says
“532.04 Payment by direct deposit of funds.”
“if such direct deposit has been authorized in writing by the payee and if the payee has designated in writing the financial institution of her or his choice”
“No employer or payor of wages or salary shall terminate the employment of any employee or payee solely for refusing to authorize such direct deposit of wages or salary.”
- 1029 CFR 778.5 relation to other lawsElectronic Code of Federal Regulations · Official source · Page updated · Checked Pinpoint: higher state floorwww.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-778/subpart-A/section-778.5
What the source says
“the regular rate of the employee, as the term is used in the Fair Labor Standards Act, cannot be lower than such applicable minimum”
- 112026 Florida Statutes, Chapter 448, General Labor Regulationsleg.state.fl.us · Official source · Checked Pinpoint: 448.109(2); 448.01(1)-(2); written-contract qualification; no multiplier statedwww.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/0448.html
What the source says
“Each employer who must pay an employee the Florida minimum wage shall prominently display a poster substantially similar to the one made available pursuant to subsection (3) in a conspicuous and accessible place in each establishment where such employees are employed.”
“the person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of 10 hours’ labor daily.”
- 12Tip Regulations under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Checked Pinpoint: Regulatory History 2020-2024, item 3www.dol.gov/agencies/whd/flsa/tips
What the source says
“a federal court vacated the revision, with the effect of reinstating the Department’s original dual jobs regulation.”
- 13Field Assistance Bulletin No. 2026-1U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: p. 1, introductory paragraphswww.dol.gov/sites/dolgov/files/WHD/fab/fab2026-1.pdf
What the source says
“These withdrawn opinion letters and the FOH provision that implemented them should no longer be relied upon as WHD enforcement guidance.”
- 14Chapter 2025-113, Senate Bill 606Florida Department of State · Official source · Page updated · Checked Pinpoint: § 3, physical p. 3laws.flrules.org/2025/113
What the source says
“Effective July 1, 2026, section 509.214, Florida Statutes, is amended to read: 509.214 Notification of automatic operations gratuity charge and public food service establishment receipts.— (1) As used in this section, the term: (a) “Gratuity” or “tip” means a sum presented by a customer as”
- 152026 Florida Statutes 448.110, Minimum Wage ActFlorida Legislature · Official source · Page updated 2026 · Checked Pinpoint: 448.110(3); 448.110(7); 448.110(2)www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.110.html
What the source says
“The provisions of ss. 213 and 214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and implemented by the Secretary of Labor, are incorporated herein. (4)(a) Beginning September 30, 2005, and annually on September 30 thereafter, the Department of Commerce”
“The Attorney General may bring a civil action to enforce this section.”
“the Department of Commerce is designated as the state Agency for Workforce Innovation. (3) Employers shall pay employees a minimum wage at an hourly rate of $6.15 for all hours worked in Florida.”
- 16Tip recordkeeping and reportingInternal Revenue Service · Official source · Checked Pinpoint: Service charges are not tips, paragraph 2; qualified tips deduction, net-income limit; tip income, Social Security/Medicarewww.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting
What the source says
“Service charges (also referred to as “auto-gratuities”), when distributed to an employee, are generally treated as wages paid by the employer to the employee rather than tips paid by the customer.”
“For self-employed individuals, the deduction may not exceed the individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.”
“These amounts are subject to federal income tax and generally are also subject to Social Security and Medicare taxes.”
- 17Revenue Ruling 2012-18Internal Revenue Service · Official source · Page updated 2012 · Checked Pinpoint: Q 1/A 1, four distinguishing factors; p. 1, ruling headingwww.irs.gov/pub/irs-drop/rr-12-18.pdf
What the source says
“compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.”
“Rev. Rul. 2012-18”
- 18Last PaycheckU.S. Department of Labor · Official source · Checked Pinpoint: opening paragraphwww.dol.gov/general/topic/wages/lastpaycheck
What the source says
“Employers are not required by federal law to give former employees their final paycheck immediately.”
- 19DOL State Payday RequirementsU.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Footnote 1www.dol.gov/agencies/whd/state/payday
What the source says
“Alabama and Florida. No regulations or not specified.”
- 20Questions and Answers About the FLSA, DOL WHDU.S. Department of Labor · Official source · Checked Pinpoint: Recordkeeping and Notices, Are pay stubs required?www.dol.gov/agencies/whd/flsa/faq
What the source says
“However, the FLSA does not require an employer to provide employees pay stubs.”
- 21Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Posting, paragraph 1www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
What the source says
“Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records.”
“Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243).”
“Records on which wage computations are based should be retained for two years,”
- 22Florida Capitol agency contactsfloridacapitol.myflorida.com · Official source · Checked www.floridacapitol.myflorida.com/contact_us
What the source says
“Office of the Attorney General (850) 414-3300”
15Methodology
How we research these pages
Every figure on this page comes from an official source, a statute, a regulation or a government agency page, and links to it where it is used. Ferry checks the page against those sources on a schedule and logs every change.
- 1
Official sources only
Statutes, regulations, state labor agencies, city ordinances and the U.S. Department of Labor. No vendor blogs, no AI answers, no secondary summaries as the only source.
- 2
Every figure is linked
Each rate and rule carries a numbered link to the statute or agency page behind it, with the exact pinpoint and, where available, a link that opens at the sentence itself.
- 3
Re-checked on a schedule
Every page is re-checked each January and July, and whenever a state or city changes a rate. Cash wage plus tip credit is checked against the minimum wage on every build.
- 4
Gaps are left out, not guessed
If a rule can't be confirmed from an official source, it isn't shown. The page points to the state agency instead.
What changed on this page
- First version of this page. Every figure was checked against the official sources listed on this page.
Researched by Ferry's tip operations research team. Last reviewed .
Changes to the law itself are listed in What changed and what's coming.
16Every state
Tip laws in every state
Pick any state for its tip credit, tip pool, service charge and card tip rules. Each chip shows the state's tip credit class.
- No tip creditNo tip credit
- Above $2.13Tip credit, cash wage above federal
- $2.13 cashTip credit, federal cash wage
- FederalFederal rates apply
51 of 51 state pages. Open the master guide for the federal baseline, tip credit classes and the full comparison table.