Florida Legislative Session: Bills Seek to Weaken Labor Laws for Minors and to Pay Certain Employees Less than Minimum Wage

TALLAHASSEE — Proposed bills advancing through the Florida legislature could enact significant changes to regulations regarding youth workers’ hours, mandated break provisions, and hourly pay. 

One set of measures, HB 1225 and SB 918, would reverse established child labor protections for Florida’s underage workers. Key provisions of the bills would undo regulations that set the maximum hours a minor can work per week, allow for overnight shifts, and even roll back requirements for mandatory meal breaks.

In late March, SB 918 was advanced by the Senate’s Commerce and Tourism Committee, where it received its first favorable vote.

If SB 918 were to become law, employers could schedule workers aged 16 to 17 for unlimited work days/shifts, including night shifts—even during the school year.

Furthermore, employers would no longer be required to provide the currently mandated work breaks for the age group.

Employers would also be able to schedule 14 to 15-year-old workers who have graduated high school or are homeschooled or virtual school students for unlimited work hours/shifts without meeting current break requirements.

Under the state’s existing labor laws, workers under 16 are required to receive a 30-minute break every four hours, and those aged 16 to 17 must receive a 30-minute break every eight hours.

Other protections under current law include that employees under the age of 16 can work a maximum of 6 consecutive work days, with a maximum of 15 work hours in one week during the school year.

While current law doesn’t restrict the number of consecutive days an employee aged 16 to 17 can work in a week, it does require parental consent for workers in this age group to work more than 30 hours per week when school is in session—capping the maximum weekly hours (even with parental consent) at 40.

For employees aged 16 to 17, the proposed measure would also remove the state’s current regulations that prevent them from being scheduled to work any hours earlier than 6:30 a.m. or later than 11 p.m.—regardless of school. 

The similar companion bill, HB 1225, making its way through the Florida House this session, echoes the same regulatory rollbacks on hours and shift scheduling for the age groups above but would also roll back the youngest age a child could be employed.

Currently, a Florida minor must be 14 years old to be employed, but HB 1225 would shift that cutoff to 13-year-olds who would become eligible for employment as soon as the summer of the year in which they turn 14.

Florida Governor Ron DeSantis's public statements seem to suggest he views the provisions proposed in the legislation favorably.

DeSantis joined Trump administration border czar Tom Homan for a panel discussion on the president’s immigration policy at New College of Florida last month. DeSantis supports the Trump administration’s immigration and deportation initiatives, despite some economists’ warnings that mass deportation could lead to labor shortages.

During the panel discussion, DeSantis said, “Why do we say we need to import foreigners, even import them illegally, when you know teenagers used to work at these resorts? College students should be able to do this stuff?”

Adding, "What’s wrong with expecting our young people to be working part-time now? I mean, that’s how it used to be when I was growing up."

While DeSantis didn’t directly reference any proposed legislation, his comments did seem to suggest he might be open to supporting loosened labor regulations for minors as a way to help fill the gap that is likely to be created with the anticipated decline in immigrant laborers.

When SB 918 went before the Commerce and Tourism Committee last month, Democratic Florida Senator Carlos Guillermo Smith highlighted the governor’s comments, saying, “He (DeSantis) was saying the quiet part out loud, the quiet part being that we’re somehow going to solve the current labor shortage that we have in Florida, that was worsened with anti-immigrant rhetoric, with child labor.”

The committee voted favorably in a close vote, 5-4, with all Democrats voting against and Republican Senator Joe Gruters joining them in opposition. Gruters represents Sarasota County and lesser portions of Manatee County.

Both bills will need to clear two more respective committees (House and Senate sides) before heading to chamber floors for a vote.

In addition to the House and Senate measures seeking to roll back existing child labor regulations, another set of bills seeking a workaround to Florida’s minimum wage requirements are making their way through this legislative session. 

HB 541 and SB 676 propose exemptions for the state’s $15 minimum wage for interns, apprentices, and employees enrolled in other work-study programs. The two similar companion bills could mean lower wages for some employees, likely to include some students and minors. 

In 2020, over 60 percent of Florida voters approved a ballot initiative that amended the state’s Constitution, increasing the minimum wage to $15 an hour for all non-tipped workers. The measure provided set incremental wage increases per year until the $15 minimum wage was reached in 2026.

Critics argue that the bill's language doesn’t define the criteria for employees to be considered interns or apprentices, which could pave the way for employers to underpay any entry-level workers by labeling them as exempt under the law.

The only requirement would be that employees sign a written waiver when applying for a job to acknowledge their status as qualifying as exempt and agreeing to be paid less than the state’s minimum wage.

On the House side, HB 541 has received favorable votes in the Industries & Professional Activities Subcommittee, the Careers & Workforce Subcommittee, and the Commerce Committee, sending it forward to be scheduled for the House floor.

The bill’s sponsor, Florida State Representative (R) Ryan Chamberlin has argued that the state’s constitutional minimum wage comes with unintended consequences that “cripple” an employer’s ability to provide more opportunities for unskilled workers in the areas of apprenticeship and education and that his measure would create opportunities for young people wanting to break into certain industries.

House Democrats argue that if passed, the bill would likely lead to legal challenges, which some expressed might be the intended objective for introducing the measure.

The Senate’s similar SB 676 is making its way through Senate committees. It has already passed the Commerce and Tourism and the Government Oversight and Accountability Committees after the latter's committee amendment.