Legislative session:
Minimum Wage Requirements may be opted out for work-based learning

If passed, employers would not be required to pay the state minimum wage to employees in a structured work-study, internship, pre-apprenticeship, or other similar work-based learning opportunity

-Instagram Photo

 By Tami Stevenson

Last week, during week four of the 2025 legislative session, CS/HB 541, named Minimum Wage Requirements, sponsored by Florida House Rep. Ryan Chamberlin (R), passed Careers & Workforce Subcommittee (12-4). They adopted a proposed committee substitute (PCS) that amended the Act to provide specific exemptions from state minimum wage requirements for certain employees.

The PCS provides that employers are not required to pay the state minimum wage to employees in a structured work-study, internship, pre-apprenticeship, or other similar work-based learning opportunity, provided such employees choose to opt out of receiving the state minimum wage.

However, such employees must be paid at or above the federal minimum wage, which is currently $7.25 per hour.

The PCS requires such opt out be voluntary and prohibits an employer from coercing an employee to opt out or conditioning an offer of employment on the employee opting out.

Under the PCS, the written waiver voluntarily signed by the employee must state that the employee acknowledges his or her right to the state minimum wage pursuant to the State Constitution and that the employee is knowingly and voluntarily choosing to receive a lesser amount for his or her work-based learning opportunity.

It specifies that an employee’s waiver to opt out of the state minimum wage is only valid for 12 months after the date of his or her employment with the employer begins. Thereafter, the PCS requires the employee be paid at or above the state minimum wage regardless of his or her position or job title with the employer. 

The Senate companion, CS/CS/SB 676 by Sen. Martin, passed (5-1) in Senate Governmental Oversight and Accountability also last week with similar amendments.

If passed, this would take effect July 1, 2025.