Duane Morris Alert: Florida Minimum Wage Is Now Higher Than Federal Minimum

Duane Morris Alert: Florida Minimum Wage Is Now Higher Than Federal Minimum

Florida's minimum wage rose to $7.31 per hour, effective June 1, 2011. The increase is a result of a recent lawsuit-Cadet v. Fla. Agency for Workforce Innovation-filed in Leon County Circuit Court where the judge ruled that the Florida Agency for Workforce Innovation had miscalculated the minimum wage, and ordered it to be increased.

The minimum wage applies to all employees in the state who are covered by the federal minimum wage. Employers are required to pay their employees the higher of the two wage levels. Because Florida's minimum wage is now higher than the current federal minimum wage rate of $7.25, covered employers have to honor the state's higher wage rate. Florida employers must post the updated state minimum-wage notice in a conspicuous and accessible place in each workplace.

For tipped employees, since the Florida Constitution caps the tip credit at $3.02, employers are required to pay a direct wage of $4.29 per hour (i.e., $7.31 - $3.02).

The definitions of "employer," "employee" and "wage" for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA). More information is available on the State of Florida, Agency for Workforce Innovation's website, available at www.floridajobs.org/minimumwage.

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: www.dol.gov/dol/compliance/comp-flsa.htm.

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, or should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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