labor lawAdivision of labor law center

Effective January 1, 2009, the Florida minimum wage will increase 42 cents from $6.79 to $7.21 per hour.

 

The increase, announced on October 15, 2008 by the state Agency for Workforce Innovation, is based on the cost of living in the Sunshine State.

 

Many Florida employers will also be affected by the federal minimum wage increase to $7.25 per hour on July 24, 2009.

 

The 2009 Florida minimum wage applies to all employers in the state covered by the federal minimum wage. Under federal law, when an employee is covered by both a federal and state law, the worker is entitled to coverage by whichever law provides the greater benefit. Before July 24, 2009 that will be the Florida law. After July 24, 2009 that will be the federal law.

 

On November 2, 2004, in the midst of an economic boom that seemed to have no end, Florida voters passed a constitutional amendment that created the Florida minimum wage. The law requires the minimum wage to be increased each year based on the Consumer Price Index or CPI for urban wage earners and clerical workers in the South Region for the 12-month period ending on August 31, each year.

 

The whopping 6.2% increase is based on the rate of inflation reported by the CPI for the year ending August 31, 2008. The CPI is issued by the federal Bureau of Labor Statistics.

 

Under the Florida minimum wage law, tipped employees must be paid at least $4.19 per hour beginning January 1, 2009. The Florida tipped wage for 2008 is $3.77 per hour, significantly higher than the federal minimum wage for tipped workers of $2.13 per hour.

 

The 42 cent increase in the Florida minimum wage is high, even compared with other states that have annual cost of living increases. For example, the Colorado minimum wage will increase 26 cents, from $7.02 to $7.28, in 2009. That is an increase of 3.7%, compared to the Florida increase of 6.2%. This means Florida employers will have to pony up an increase 162% of that required of Colorado employers. 

 

The Florida Agency for Workforce Innovation also warns employers that they must display accurate, up-to-date state and federal minimum wage posters in a prominent location where they can be seen by all workers. The agency recommends that employers display posters in both English and Spanish.

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