News | April 19th, 2025
Florida Bill 541 Advances, Could Allow Employers to Pay Below State Minimum Wage
By: Charrise Lane
A controversial bill that could allow employers to pay below the state minimum wage has advanced in the state legislature, sparking debate across Florida.
Filed by State Rep. Ryan Chamberlin, HB 541 would:
- Allow an employer to not be subject to state minimum wage laws concerning specific employees who are in a work-study, internship, pre-apprenticeship or other similar programs, and those who opt out of receiving the minimum wage.
- Authorize that the employee has to opt out of the state minimum wage requirement by voluntarily signing a waiver.
- Require a parent or guardian to sign the waiver if the employee is a minor.
- Allow the waiver to only be valid for 12 months, after which the employee must be paid on or above the state minimum wage.
National minimum wage issues
States nationwide are currently facing issues because of statewide minimum wage mandates.
In November 2024, California voters rejected a measure to raise the state minimum wage to $18 by 2026, which would have been the highest in the country. According to the California Chamber of Commerce, the increase would have raised costs in the state even more, including taxes, and forced businesses to make job cuts because of the higher minimum wage.
A restaurant association in Michigan recently stated they could not afford an increase in minimum wage and warned it would lead to restaurant closures if implemented. This came after Michigan approved Senate Bill 8, which will increase the statewide minimum wage annually, reaching approximately $15 by 2027.
The Restaurant Association of Washington, D.C., is also calling for a stop to Initiative 82, passed in November 2022. The act eliminates the tipped minimum wage and ensures that tipped employees receive the same base pay as non-tipped employees. This includes making up the minimum wage difference by adding a gratuity known as a “tip credit,” to be paid by all customers. The Restaurant Association wants D.C. to repeal Initiative 82 before July.
The president of the Restaurant Association of Metropolitan Washington said D.C. restaurants are at a “tipping point” and called for a return to the traditional tipped minimum wage system.
NFIB Florida legislative director testifies
NFIB (National Federation of Independent Business) Florida Legislative Director Tim Nungesser testified at a committee hearing in support of HB 541.
“This is a problem nationwide; it’s not just here in Florida. States are looking for ways to get more skilled workers, and one of the ways we can do that is with this voluntary program – and I will emphasize that this is a voluntary program. And I did want to say that I think one of the things we are targeting here is younger workers, getting them some more experience working in these professions,” Nungesser said.
FAMU student concerns
President of Esther Funds Foundation and Florida A&M University student Shayna Vincent expressed concerns about the bill.
“I believe Florida House Bill 541 raises important concerns that deserve careful consideration. While I understand the intent may be to create flexibility for educational programs like internships and pre-apprenticeships, I also believe we have to be extremely cautious when it comes to wage protections—especially for students and young workers who are already navigating financial challenges,” Vincent said.
Vincent also noted how many of the students supported by her organization could be affected.
“Many of the students we support at Esther Funds Foundation are low-income, first-generation college students who rely on fair pay to stay in school. Creating pathways that allow employers to pay below the state minimum wage—even with waivers—could unintentionally place these students in even more vulnerable situations. I think it’s important to find a balance between providing valuable career-building opportunities and ensuring students are treated and compensated fairly for their work. We should be having conversations about how to expand access to paid internships, not reduce wage protections.”
Chamberlin defends bill
Rep. Chamberlin explained his reasoning for filing the bill.
“As we continuously artificially increase the minimum wage, not only does our cost of living increase, but employees are forced out of the job market, adding unforeseen consequences and stress to their families. Companies are forced to make difficult decisions regarding their staff, whether by cutting staff hours, laying off individuals, or leaving the state altogether. This bill will give both employers and employees more flexibility to work out those compensatory agreements,” Chamberlin said.
If passed, HB 541 will be enacted on July 1.
