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‘Thanks for hiring me:’ Minimum wage exceptions could be coming to Florida

State bill would allow certain employees to opt out of minimum wages

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TALLAHASSEE, Fla. – On Monday, Florida lawmakers discussed a bill that would craft exemptions to the state’s minimum wage rules.

That bill (SB 676) would amend the state’s Minimum Wage Act to allow employees to opt out of receiving a minimum wage for the following work-based learning opportunities:

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  • Work studies
  • Internships
  • Apprenticeships
  • Pre-apprenticeships
  • Other similar programs

As of 2009, the federal minimum wage was set at $7.25 per hour, though Florida voters approved an amendment that would gradually raise the state’s minimum wage to $15 per hour in September 2026. Currently, the state minimum wage is $13 per hour.

But under this bill, employees in structured work-based learning opportunities like those listed above could opt out of receiving the minimum wage by either checking a box on an application form, or providing their employer with written acknowledgment.

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During a committee meeting on Monday to discuss the proposal, state Sen. Jonathan Martin, R-33 — who first introduced the bill last month — said it would help people get more experience in fields they want to enter.

“Because the minimum wage was so high, I saw a lot of younger students, teenagers missing out on opportunities we had when we were growing up when the minimum wage was much lower,” Martin said. “Where we could hone our skills, build a resume, and develop job skills.”

Like Martin, economists such as Sean Snaith with UCF’s Institute for Economic Forecasting argue that a minimum wage impedes the ability of businesses to bring on more employees, preventing entry-level workers from getting much-needed experience that could help them get better-paying jobs later down the line.

“Take a high school student that’s got no real tangible skills, hasn’t completed their education, they’re not going to be highly productive,” Snaith explained. “And so if the wage by law is higher than what these inexperienced workers can produce, they’re not going to get these jobs.”

However, state Sen. Carlos Smith, D-17, argued that the bill would violate the state’s minimum wage law. The Senate staff analysis also states that even if employees were to opt out of the minimum wage, employers would still be bound by the state’s minimum wage requirements.

But Martin, an attorney, responded that he was “very confident” that the Florida Supreme Court would side with the bill if it came down to it.

During another exchange at the meeting, state Sen. Tracie Davis, D-5, poised the possibility of employers simply relabeling certain positions as internships or apprenticeships to get away with paying employees less money.

“How do we stop companies from exploiting this particular idea?” she asked Martin.

“The employee can quit,” Martin answered.

“Did you say that the employee will just quit?” Davis asked again.

“The employee could quit. They wouldn’t have to sign this. They could turn in their notice and say, ‘Hey, I have skills now, thanks for hiring me for the first couple months. Now I have something on my resume, I’m gonna go make a little more money somewhere else,’” Martin stated. “(This bill) is giving them that ability to become more competitive. Right now, if they don’t get the job, they don’t have the ability to become competitive.”

If approved, the bill is set to take effect on July 1.