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
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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