2009 Florida Minimum Wage Increase
January 7th, 2009 Posted by MadisonAccording to the Florida Agency for Workforce Innovation, employers are required to display state and federal minimum wage posters that are both accurate and up to date, preferably in both English and Spanish.
The Florida minimum wage increased on January 1, 2009 to $7.21 an hour. That is a hike of 42 cents hourly from the 2008 rate of $6.79.
Employers and employees in Florida will also see a federal minimum wage increase in mid-year. On July 24, 2009, the federal minimum wage will increase to $7.25 an hour.
Florida was experiencing a seemingly endless economic upturn in 2004. On November 2 of that year, the voters of Florida approved an amendment to the state constitution creating a state minimum wage.
According to law, workers must receive whichever rate, the state or the federal, offers the greater benefit. Until July 24, 2009, that will be the Florida minimum wage. However, after the federal minimum wage increase, workers in Florida will be entitled to the higher, federal minimum wage of $7.25 per hour. At that time, the federal minimum wage will be 4 cents higher than the Florida minimum wage and consequently most Florida employers must abide by the federal minimum wage at that time.
According to the federal Bureau of Labor Statistics, the Consumer Price Index (CPI) went up 6.2% in the 12-month period ending August 31, 2008. According to the new Florida law, the minimum wage must go up according to the CPI for urban wage earners and clerical workers of the South Region in the corresponding 12-month period.
Because of the significant CPI increase in the South Region, the hike of 42 cents per hour is high even by the standards of other states that link minimum wage to cost of living. Colorado’s rate, for example, increased just 3.7% for 2009, resulting in a hike in the minimum wage from $7.02 to $7.28. Another way of looking at this difference is that employers in Florida are seeing an increase that is 162% of the increase in Colorado.
Tipped employees in Florida began receiving $4.19 an hour on January 1, 2009, compared to $3.77 an hour in 2008. The federal minimum wage for tipped employees is still $2.13 hourly.
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Posted by: Barbara Frazier
I am a bartender and I get paid $5.00 an hour. I know the minimum hourly rate for bartenders and other tipped employees in Florida is $4.19 per hour. But the Florida minimum wage for non-tipped employees is $7.21. Sometimes my tips aren’t very good when business is slow and I don’t make $7.21 an hour. Does my employer have to pay me the difference between the $5.00 and $7.21? All my tips are in cash. How can I prove to them what I make?
Posted by: Amelia
Hi Barbara!
Yes, if you don’t average $7.21 per hour in wages plus tips for the hours worked over the payperiod, the employer must pay the difference, to bring your earnings up to the Florida minimum wage.
You should buy a small notebook or calendar and keep a record of the amount of tips earned each day. You will need this for tax purposes, anyway. The employer really has little choice but to believe you.
Speaking as a former bartender and hospitality manager, it is very common for cocktail waitresses to be paid the tipped wage. However, bartenders are skilled labor and most bartenders are paid an hourly rate higher than the minimum wage. When the economy picks up a little, you could probably find a better job. You can post additional questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia