Florida Employment Law Year in Review (and What’s in Store for 2026)

As we embark upon a new year, employees and employers alike in Florida would do well to take stock of key changes in employment law and what may lie ahead in the coming months. While Florida remains an at-will employment state with limited worker protections compared to some other states, 2025 brought several important shifts — especially in wage law, restrictive covenants, and workplace compliance obligations — that every Central Florida worker should understand. Here’s a comprehensive look back at what happened and what to anticipate in 2026. For help with an employment discrimination claim, FMLA matter, or other legal issues in Central Florida, contact James P. Tarquin, P.A., to speak with an experienced and knowledgeable Ocala employment law attorney.

1. Minimum Wage Increases Continue

Florida’s minimum wage continued its scheduled annual rise in 2025 as part of the voter-approved constitutional amendment that will gradually phase the state’s minimum wage to $15 per hour by 2026. On September 30, 2025, the minimum wage increased to $14.00 per hour for non-tipped employees and $10.98 per hour for tipped employees. The next scheduled increase, to reach $15.00 per hour for non-tipped workers, is set for September 30, 2026. Employers must update workplace postings to reflect these changes or risk compliance issues.

These changes mean that Florida employees continue to see gradual wage gains even though there is no separate state law extending overtime or other federal wage protections beyond existing federal standards. The ongoing wage increases also require employers to stay vigilant in updating pay practices and internal postings.

2. Non-Compete and Garden Leave Laws Overhauled

One of the most consequential developments of 2025 for Florida workers involves restrictive covenant agreements. The Florida Legislature passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (“CHOICE”) Act. This legislation, effective July 1, 2025, expands the enforceability and duration of non-compete agreements and formalizes “garden leave” arrangements. Under the new law:

• Employers can enforce non-compete and garden-leave agreements for up to four years, doubling the prior presumptive maximum.
• A presumption of enforceability arises if certain statutory definitions and requirements are satisfied, making it easier for employers to enforce restrictive covenants in court.
• Covered agreements include those involving the protection of trade secrets, customer relationships, or confidential information under specified conditions.

For employees, this means greater scrutiny before signing restrictive agreements and potentially longer periods during which mobility between employers may be limited. Workers should consult counsel before agreeing to expanded non-compete or garden leave terms.

3. Expanded Federal Overtime Thresholds Impact Florida Workers

Although not a Florida-specific law, changes to federal overtime regulations took effect during 2025 and affect workers across the state. New Department of Labor rules raise the salary threshold for executive, administrative, and professional (“EAP”) exemptions under the Fair Labor Standards Act (FLSA). This impacts Florida employers’ classification of workers as exempt from overtime:

• The salary threshold increased to $1,128 per week (about $58,656 annually) on January 1, 2025.
• Highly compensated employee thresholds also rose on a similar schedule.

These federal changes may result in more Florida workers being eligible for overtime pay, and employers should adjust payroll practices accordingly. Although Florida itself does not set overtime requirements beyond federal law, these updated thresholds effectively widen protections for many employees.

4. Child Labor and Teenage Work Rules in Flux

Several legislative proposals during the 2025 session stirred debate over child labor protections, including efforts to relax age-based work hour restrictions for teens. Although not all measures became law, the push to alter protections for workers as young as 14 through 17 illustrates ongoing legislative attention to employment conditions for youth in Florida.

Employees who are teenagers or parents of working minors should watch for final actions on these and related rules early in the 2026 session, as outcomes could affect permissible work hours and conditions.

5. Workplace Posters and Compliance Updates

Florida continues to require updated workplace posters reflecting current wage and labor laws. The Division of Workforce Innovation periodically publishes updated federal and state labor law posters, and employers must display the latest versions so employees are informed of their rights under state law.

While this seems administrative, failure to maintain proper posters can lead to compliance violations by employers and serves as a reminder that workplace law encompasses both substantive rights (like wages) and procedural safeguards (like notifications).

What’s Ahead in 2026?

Several employment law trends are shaping up for the new year:

• Completion of the Minimum Wage Phase-In: With the statewide minimum wage reaching $15 per hour in late 2026, employees and employers will adjust to new pay floors and related wage compliance obligations.

• Non-Compete Enforcement Litigation: As the CHOICE Act creates a stronger statutory presumption favoring employers, 2026 may bring increased litigation over the proper scope and enforceability of long-term non-competes and garden leave agreements.

• Monitoring Federal Rules: Potential further adjustments to federal wage and hour rules, as well as ongoing litigation challenging current DOL exemptions and thresholds, could affect Florida workers’ overtime rights.

• Legislative Sessions: Bills introduced in late 2025 and early 2026, including proposals around youth labor hours, workplace discrimination claims, and wage flexibility, may crystallize into law in the next legislative cycle.

Contact Our Marion and Citrus County Employment Lawyers Today

For Florida employees, 2025 marked important wage increases, significant changes to the non-compete law, and federally driven overtime rule updates. While Florida remains a state without broad job-protected leave or collective bargaining mandates for most workers, the legal landscape continues to evolve in ways that directly affect pay, mobility, and workplace compliance.

If you have questions about how these laws apply to your job or believe your rights have been violated, contacting an employment law attorney can help you understand and protect your workplace rights in 2026 and beyond. In Ocala and the surrounding areas in Central Florida, contact James P. Tarquin, P.A., for a free consultation.