Florida Minimum Wage Increases – June 1, 2011

Effective June 1, 2011, Florida’s minimum wage will increase to $7.31 per hour from the current $7.25 an hour. The increase is the result of a decision by Leon County Circuit Court Judge Terry Lewis in Cadet et. al v. Florida Agency for Workforce Innovation. There, Judge Lewis held that the Florida Agency for Workforce Innovation violated Florida’s Constitution by failing to raise the Florida minimum wage on January 1, 2011, as required by the constitutional amendment approved by Florida voters on November 2, 2004.

The Florida minimum wage will increase by 6 cents to $7.31 an hour. The new minimum wage for “tipped employees” will also rise by 6 cents from $4.23 an hour to $4.29 an hour.

The Federal Minimum Wage is $7.25 per hour. When there is a difference between the federal and Florida minimum wage, federal law requires that employers pay the higher of the two. Therefore, in Florida, employers must pay the Florida minimum wage rate.

Florida employers are required to pay their employees the minimum hourly rate for all hours worked and must pay overtime (time and one-half of the regular hourly rate) for all hours worked in excess of 40 per week. Employees who are not paid the minimum age 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. See http://www.dol.gov/dol/compliance/comp-flsa.htm for compliance information.

Florida employers are required to post a minimum wage notice in a conspicuous and accessible place in each work location. Federal law also requires that employers post information regarding the federal minimum wage. The Florida minimum wage poster is available in English and Spanish at: http:www.floridajobs.org/workforce/posters.html. The federal poster can be downloaded from the U.S. Department of Labor at: http://www.dol.gov/whd/regs/compliance/posters/flsa.htm.

The Schwarzberg & Associates Employment Law and Compliance Team has extensive experience in developing effective policies, procedures and proactive responsive measures to deal with a myriad of workplace issues. Please do not hesitate to contact one of our members; Steve Schwarzberg or Lisa Kohring at (561) 659-3300 to obtain more information about our firm and its various employment law compliance and defense services.