labor lawAdivision of labor law center

Effective January 1, 2008, the Florida state minimum wage will increase to $6.79 per hour. This is an increase of 12 cents per hour from the current rate of $6.67 per hour. This increase is a 1.85% change, based on the consumer price index for urban wage earners and clerical workers in the South Region for the 12-month period ending September 1, 2007.

Under the constitutional amendment that created Florida’s minimum wage, voters approved an annual cost-of-living increase. Each year on October 15, the Florida Agency for Workforce Innovation determines the rate for the following year.

In 2007, the Florida minimum wage increased by 27 cents from $6.40 to $6.67 per hour.

The Florida minimum wage applies to every worker in the state who is covered by the federal minimum wage. The state currently 82 cents more than the federal minimum wage of $5.85 per hour. Beginning in January, 2008, the Florida rate will be 94 cents more than the federal minimum wage, until July 24, 2008. On that date, the federal minimum wage will increase to $6.55 per hour. The higher state minimum wage will still apply to all employees. However, at that point the Florida minimum wage will only be 24 cents more than the federal rate.

In Florida, as in other states, employees who are covered by both state and federal law are entitled to whichever provides the greater benefit. So currently, workers who are entitled to $5.85 under the federal minimum wage and $6.67 under the Florida minimum wage, are entitled to $6.67 per hour.

It is likely that in 2009, the federal minimum wage will outpace the Florida minimum wage. On July 24, 2009 the federal rate is scheduled to increase to $7.25 per hour. Unless the Florida minimum wage increases by 46 cents or more in 2009, the  federal rate will be higher at that time. At that point, Florida workers now covered by the state minimum wage would be entitled to the higher federal rate.

Under current state law, the Florida minimum wage for tipped employees will go to $3.77 on January 1, 2008. This amount must be paid to the worker by the employer. However, if an employee earns less than $3.02 per hour in tips during any shift, the employer is responsible for making up the difference to ensure that the worker earns at least $6.79 per hour.

Any employee who is not paid the minimum wage in Florida may sue the employer. The state attorney general may also bring an enforcement action against an employer, under the statute.

Every employer covered under the Florida or federal minimum wage is required to display a minimum wage poster “in a conspicuous and accessible place in each establishment” where employees work, by Florida law. Federal and state minimum wage posters must be updated each time the rate changes.  This means that Florida employers will be updating the state posters on January 1, 2008 and 2009, and the federal posters on July 24, 2008 and 2009.

One excellent way for busy employers to stay on top of these posting requirements is to enlist in a labor law poster service. The service will provide high-quality laminated posters that are automatically updated every time the law changes. Enlisting in such a poster service is an excellent investment for busy Human Resource professionals.

A number of states including Illinois have implemented state minimum wages in the past 4 years. However, very few of them did so by passing a constitutional amendment, as Florida did. The law was passed on November 2, 2004. Prior to that time, the minimum wage for workers in Florida was the federal rate, then $5.15 per hour.

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1. Posted by: California Minimum Wage Increases to $8.00 on January 1, 2008 - Labor Law Center Blog

   [...] A number of other states also have minimum wage increases slated for January 1, 2007. On that date, the Florida minimum wage will increase by 12 cents from $6.67 per hour to $6.79 per hour. The Delaware minimum wage will increase on that same date. [...]

2. Posted by: Fourteen States Increase Minimum Wage in January 2008 - Labor Law Center Blog

   [...] This is the first annual cost-of-living increase in Florida, which was passed by voters in the November 2006 election. There, the state rate will increase from $6.65 to $6.79 per hour.  [...]

3. Posted by: 2008 Minimum Wage Increases in 14 States - Labor Law Center Blog

   [...] This year marks the first annual cost-of-living increase to the minimum wage in Florida, which was passed by voters in the November 2006 election. There, the state rate will increase from $6.65 to $6.79 per hour.  [...]