Florida’s HB 541: A Step Backward for Worker Protections
At Kwall Barack Nadeau PLLC, we believe in defending the rights and dignity of working people. That’s why we’re speaking out against a deeply concerning proposal in the Florida Legislature: House Bill 541 (2025).
HB 541 would allow employers to sidestep Florida’s constitutionally mandated minimum wage—currently $13 per hour and set to rise to $15—by offering an “opt-out” clause for employees in internships, apprenticeships, or other so-called “work-based learning opportunities.”
Let’s be clear: this bill is not about opportunity. It’s about exploitation.
The Loophole in Disguise
Under HB 541, employers could pay workers in learning programs as little as $7.25 an hour—the federal minimum wage—if the employee “voluntarily” opts out of Florida’s higher minimum wage. This opt-out can happen simply by checking a box or signing a waiver.
This so-called choice is a false one. When someone needs a job to survive, “volunteering” to work for poverty wages isn’t a choice—it’s coercion.
It’s Likely Unconstitutional
Florida’s minimum wage is not just a policy—it’s part of the Florida Constitution, specifically Article X, Section 24, Article X, Section 24. This provision was enacted by Florida voters and requires employers to pay a state minimum wage that exceeds the federal rate.
Even more importantly, Article X, Section 24 explicitly states that it must be interpreted in accordance with the Fair Labor Standards Act (FLSA) and its implementing regulations.
Here’s why that matters: under the FLSA, employees cannot waive their right to minimum wage—not through a contract, not through a checkbox, not even if they “agree.” Courts have long held that minimum wage protections are non-negotiable and serve a public policy purpose that cannot be signed away.
HB 541 attempts to create an exception to Florida’s constitutional minimum wage by offering workers the option to waive it. But because Florida’s minimum wage law is bound to FLSA principles, any such waiver is unconstitutional on its face.
Who This Hurts
This bill would hurt the most vulnerable: young workers, low-income Floridians, and people trying to build experience while supporting themselves. It invites abuse, allowing employers to reclassify entry-level positions as “learning opportunities” to avoid paying fair wages.
And it sets a dangerous precedent—if we start carving out exceptions, what’s to stop the erosion of wage rights for all workers?
What Florida Needs
Florida doesn’t need more ways to pay workers less. It needs stronger protections, better enforcement, and a commitment to economic fairness. Work-based learning can and should be valuable—but not at the expense of fundamental labor rights.
Our Firm’s Position
At Kwall Barack Nadeau PLLC, we stand with Florida’s workers. We oppose HB 541 and any effort to weaken the constitutional rights Floridians have already fought for and won at the ballot box.
Fair pay is not optional. Minimum wage is not a suggestion.
For questions about your workplace rights, contact us or visit employeerights.com.
Kwall Barack Nadeau PLLC – Fighting for Justice in the Workplace.