labor lawAdivision of labor law center

Most employers in the state are already aware that on July 24, 2009 the Florida minimum wage will increase by 4 cents from $7.21 to $7.25 per hour. That is because the federal minimum wage increases on that date – and by statute, the Florida minimum wage cannot be lower than the federal minimum wage.

However, many Florida employers have questions about the effect this will have on the Florida minimum wage for tipped workers.

Currently, under Florida law, employers are permitted to take a “tip credit” of up to $3.02 per hour. This means that the Florida employer can pay a worker who regularly earns tips $3.02 per hour less than the minimum wage.

That makes the Florida tipped minimum wage $4.23 per hour beginning July 24, 2009. That is 4 cents per hour higher than the Florida tipped minimum wage of $4.19 established on January 1, 2009.

However, the tip credit the employer takes in any payroll week cannot be greater than the actual tips earned by the employee. If the employee earns less than $3.02 per hour in tips on average over the payroll week, the employer must pay the difference.

Suppose John is a food server in Miami. His hourly rate is $4.23. During John’s first week, he works 20 hours and earns just $20 in total tips. That is an average of $1 per hours in tips. The employer must pay John an additional $2.02 for each hour that John worked, to bring his total earnings up to the minimum wage of $7.25 per hour. The employer adds $40.40 to John’s paycheck as a “tip differential.” This is the difference between the salary plus tips actually earned, and the minimum wage.

John earns $4.23 per hour x 20 hours = $84.60 in wages. In addition, (more…)

The Florida minimum wage will increase by 3 cents on July 24, 2009.

Many employers wonder what sparks such a change, since it is an administrative hassle for employers and provides few benefits for workers. The answer is simple. Under the Florida minimum wage statute, the state minimum wage cannot be lower than the federal minimum wage.

Currently, the Florida minimum wage is $7.21 per hour. On July 24, 2009 the federal minimum wage increases to $7.25 per hour. Under a little-known provision of the Florida minimum wage statute, the state rate will increase at the same time –  even though the difference is only 3 cents.

Of course, this change has a number of ramifications for Florida employers. For one thing, they must update their state and federal minimum wage posters. By law, employers must prominently display accurate, up-to-date minimum wage posters in the workplace.

The Florida minimum wage is not the only one changing this month. On July 1, 2009, Illinois and two other states increased their minimum wage. Several other states will increase their minimum wage rates in July. Thirteen states, including South Dakota, Virginia, Utah, (more…)

According 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, (more…)

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 (more…)

A Florida law that went into effect in July permits employees to keep guns in their locked cars at work. Under the new law, employers can no longer prohibit guns on their property. A Florida worker who has a valid permit to own a gun and carry a concealed weapon, can have that gun in his or her car in the parking lot while at work, eating at a restaurant or shopping in a mall.

Florida employers do not have to permit the employees to bring guns into the workplace. That’s still a matter of company policy.

The Disney Company is (more…)