labor lawAdivision of labor law center

If you are a Florida employer, it’s time to make sure that your Florida minimum wage poster is updated. As you probably know, the state minimum wage increased on January 1, 2007. The current minimum wage is $6.67 per hour. This rate applies to all hours worked in Florida, with few exceptions.

The increase of 27 cents over the 2006 Florida minimum wage of $6.40 per hour is based on an amendment to the Florida constitution that was approved by voters on November 2, 2004. The constitution requires that the minimum wage be adjusted each year. The increase, calculated by the Florida Agency for Workforce Innovation, is based on the federal Consumer Price Index (CPI) for urban wage earners and clerical workers in the South Region. The CPI for the year ending August 31 is used to calculate the following year’s increase.

The Florida minimum wage law covers all employees in the state who are covered by the federal minimum wage. In Florida, as in many states, there are exceptions for tipped workers, and for some occupations such as agricultural workers.

Section 448.109, Florida Statutes, requires that employers who must pay their employees the Florida minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where such employees are employed. This poster requirement is in addition to the federal requirement to post a notice of the federal minimum wage. Given Florida’s high number of Hispanic workers, the Agency for Workforce strongly recommends that posters in both Spanish and English be displayed.

The vast majority of Florida workers earn more than the state minimum wage. Any employee who is not paid at least the state minimum wage of $6.67 per hour can sue the employer in court for a violation of the Florida minimum wage law. In some cases, the State Attorney General may bring an enforcement action to require payment of wages at least equaling the minimum wage.

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