labor lawAdivision of labor law center

Every Florida employer needs to understand that in 2007 a number of changes to the labor laws were made. In 2007, for the first time in ten years, the federal minimum wage was increased from $5.15 to $5.85 per hour as a result of the Fair Minimum Wage Act of 2007. At least ten states increased their state minimum wage on the same day.

It is crucial for every employer in the state to update their Florida labor law posters for 2008 as a result of these changes.

The Florida Labor Law Posters that every employer is required to display are:

• New Florida Minimum Wage
• Discrimination
• Anti-Fraud Notice
• Workers’ Compensation
• Unemployment Insurance
• “Equal Opportunity is the Law”
• Child Labor Laws

With the change to the Florida minimum wage on January 1, 2008, it’s particularly important that posters be updated.

In addition, employers are required to display the following posters by federal law:

• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• Family and Medical Leave Act
• OSHA-Job Safety & Health Protection

Many labor law poster changes throughout the nation related to minimum wage increases this year, or next year. West Virginia and Illinois will increase their minimum wages on July 1, 2008. Illinois’s current minimum will jump from $7.50 to $7.75, and West Virginia’s will go up from $6.55 to $7.25 per hour.

On July 24, 2008, the new federal minimum wage of $6.55 will be introduced. States like Texas, Nebraska and others that tie their state minimum wage to the federal minimum wage will bump up their state minimum wage.

Several states including Washington, Oregon, New Mexico and others established laws that provide an annual cost-of-living increase for the state minimum wage. States often tie this increase to the Consumer Price Index for urban and clerical workers. Florida just recently passed such a law and will apply their first “cost of living” raise on January 1, 2008, bumping the current wage from $6.65 to $6.79 per hour.

The rank of highest state minimum wage goes to Washington at $8.07 as of January 1, 2008. California and Massachusetts aren’t far behind each with $8.00 per hour. Oregon’s wage ranks in the top five with $7.95 per hour.

There’s not much difference among the state minimum wages in the top five, but the difference across the country is amazing. The state minimum wage in Kansas hasn’t budged since the 1980s, and ranks as the lowest at $2.65.

But Kansas isn’t the real bottom of the range. That honor belongs to Mississippi, Alabama, Louisiana, Tennessee and South Carolina, which don’t have a state minimum wage at all. That means an employer not covered by the federal minimum wage can pay–by law–its workers whatever it wants, even as low as 25 cents an hour. Of course, it’s doubtful anyone would take a job at that wage, but the legal capability exists.

The New Year will bring more changes which will require employers to change labor law posters. Restaurants, bars and casinos and practically every other work environment in Illinois will enact a tough new law banning smoking.

As a result of these changes, companies need to take the time to update their labor law posters by the end of this year. Failure to update the posters with the new information can result in a fine for the employer.

The most common reason for employers to update posters includes statute changes, especially to minimum wage laws. In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.

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