Florida’s minimum wage requirement wouldn’t have to apply to certain employees, like interns, under legislation moving forward this session. But some worry the move could create constitutional issues.
Floridians voted in 2020 to gradually increase the state minimum wage to 15 dollars an hour by September 2026. But SB 676 by Fort Myers Republican Senator Jonathan Martin would allow some employees, like those in apprenticeship programs, work-studies and internships, to opt out of those requirements.
Under the bill, certain employees could check a box on the application form or provide the employer with a written note that they are willing to work for less than the state’s minimum wage. In other words, they would have to knowingly and willingly suspend their right to the state minimum wage.
Martin said in committee discussion on the bill Monday it will allow young people with limited experience to exchange getting paid more for getting that experience.
“This gives an individual the freedom to show up at an employer's place a business and say, ‘Hey, I'm willing to sweep floors and learn the job. I'm willing to be a be a hand while you're working on engines and hold a flashlight for you. I'm willing to learn your business in exchange for experience and skills that they could then transfer into the workplace without having to pay to go to college,’” Martin said.
Critics of the measure, like Florida Rising’s Jackson Overlink, argue the bill would provide broad workarounds for the minimum wage amendment. He said during committee public comment that the vague definition of “internship” would open the door for employers to reclassify jobs as internships, allowing them to cut pay.
“Let's be honest, no worker truly opts out of fair wages. There are zero protections in this bill against coercion, fraud or employer intimidation, meaning bad actors can and will exploit it,” he said.
The bill may run into legal issues. It’s staff analysis points to previous court decisions where judges found employees opting out isn’t enough to clear employers from federal and state wage requirements. Since the Florida constitutional amendment doesn’t exempt those employees, some say this proposal may not be able to supplant that requirement.
But Martin said during committee he thinks the Florida Supreme Court will side with his bill. Orlando Democratic State Senator Carlos Guillermo Smith thinks the bill could be an attempt to force a court challenge to the minimum wage amendment.
“Costs are going through the roof right now for folks. They can't make ends meet. The idea that we would pass this law, begging to be sued because it's unconstitutional, and then some court is going to decide, ‘You know what? Maybe the state minimum wage law needs to be overturned.’ We're going to have a real problem in this state. We're going to have a real affordability problem that's even worse than what we have right now,” he said.
While the bill passed its first committee along party lines, some Republicans expressed concerns that it was too broad and say they want changes before its next committee stop.