MINIMUM WAGE LAWS IN FLORIDA

Effective as of July 24, 2009, the minimum wage for Florida employees increased from $7.21 to $7.25.

Previously, on January 1, 2009, Florida's minimum wage was $7.21 per hour, (See Florida Statutes 448.110). This had increased in Florida from the $6.79 per hour minimum wage in 2008. On November 2, 2004, Florida voters approved a constitutional amendment which created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. Florida law requires the Agency for Worforce Innovation to calculate a new minimum wage each year and to publish the new minimum wage on January 1. The current Florida minimum wage represents a 6.2 percent change in the federal Consumer Price Index for urban wage earners and clerical workers in the South Region for the 12-month period prior to September 1, 2008.

In deciding whether the federal or state minimum wage applies, federal law directs that businesses must pay the higher of the two. The Florida minimum wage prevailed over the federal rate until the federal minimum wage became higher than the state rate. The federal minimum wage increased to $7.25 on July 24, 2009. On this date, Florida employers were required to increase the minimum wage from $7.21 to $7.25.

Employers must pay their employees the hourly minimum wage of $7.25 for all hours worked in Florida. The definitions of "employer," "employee" and "wage" for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA). Employers of "tipped employees" who meet eligibility requirements for the tip credit under the FLSA may count tips actually received as wages under the FLSA. However, the employer must pay "tipped employees" a direct wage. The direct wage is calculated as equal to the minimum wage ($7.25) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.23 as of July 24, 2009.

Employees who are not paid the minimum wage may bring a civil action against the employer or any person violating Florida's minimum wage law. The state attorney general may also bring an enforcement action to enforce the minimum wage. FLSA information and compliance assistance can be found at: http://www.dol.gov/dol/compliance/comp-flsa.htm.

Florida Statutes require employers who must pay their employees the minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where these employees work. This poster requirement is in addition to the federal requirement to post a notice of the federal minimum wage. Florida's minimum wage poster is available for downloading in English and Spanish from the Agency for Workforce Innovation's website at: http://www.floridajobs.org/workforce/posters.html.

The federal poster can be downloaded from the U.S. Department of Labor’s website at: http://www.dol.gov/esa/whd/regs/compliance/posters/flsa.htm.

The Florida and federal minimum wage increased on July 24, 2009.

$7.25 – July 24, 2009 Federal and Florida New Minimum Wage
The minimum wage is different for tipped employees. On July 24, 2009, Florida’s rate increased to $4.23 per hour plus tips due to the new federal minimum wage.

Your Name^*
Your Email^*
Friend's Name^*
Friend's Email^*
SUBMIT