18 States Consider Limits on Use of Credit Reports in Screening

March 30th, 2011 Posted by Amelia

Florida, Michigan and recently joined 15 states that are considering limits to employers’ use of credit reports in hiring and other employment decisions.

 

Similar bills are being considered by state legislatures in California, Georgia, Connecticut, Indiana, Maryland, Kentucky, , New Jersey, Nebraska, New York, New Mexico, , Texas, Pennsylvania and . Check back frequently for the latest updates on those bills.

 

By contrast, New Jersey is currently considering a law that would allow employers to share an employee’s or former employee’s credit history, work evaluations and other information in the personnel file with prospective employers or government agencies.

 

In the last three years Washington, , and Illinois have passed laws limiting the use of credit reports in hiring. A similar bill failed to pass in Colorado.

 

In most of these states, the limits to an employer’s use of credit checks apply to all employment decisions. However, the Florida and Michigan bills would only restrict use of credit history in hiring. An employer could still use a credit report for employment decisions regarding current employees.

 

In Florida, Senate Bill 1562 would make use of credit scores an “improper employment practice” unless (more…)

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Florida Minimum Wage Unchanged in 2011

November 5th, 2010 Posted by Cara

The Florida minimum wage remains at $7.25 in 2011, the same as the . Because the state is lower than the rate, by law employees are entitled to the of $7.25 per hour. That rate is not expected to increase during 2011, according to an announcement by the state Agency for Workforce Innovation.

 

employees must still be paid $4.23 per hour in during 2011. However, the employees must average at least $7.25 per hour for all hours worked in the payroll week, when tips and wages are added together. If the employee does not average $7.25 per hour in wages plus tips, the employer must pay the difference in wages.

 

Every Florida employer covered by the state minimum wage law must display both a state and federal minimum wage poster in a “conspicuous and accessible place in each establishment where these employees work.”

 

Under state law, the Florida minimum wage (more…)

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2010 Minimum Wage Recap

January 1st, 2010 Posted by Amelia

The good news for employers is that most state minimum wages are holding steady in 2010. In January 2009, more than a dozen states increased their minimum wages. In 2010, only a few changes are in effect.

 

The Kansas minimum wage increased from $2.65 to $7.25 on January 1, 2010. This is the first time in more than two decades that the Kansas minimum wage has increased. The change comes after more than a decade of efforts by Kansas Democrats. On December 31, 2009, Kansas had the lowest minimum wage of any state. Effective today, X states have lower minimum wages.

 

To be fair to Kansas, five states have no minimum wage whatsoever. They are Mississippi, Alabama, Louisiana, Tennessee and South Carolina.

 

In an unprecedented step, the Colorado minimum wage actually decreased by 4 cents from $7.28 per hour to $7.24 per hour today. Most employees in the state are still covered by the of $7.25 per hour.

 

About a dozen states annually the minimum wage based on the cost of living. However, in most areas the cost of living has shown a of 1% to 2%. While many state statutes prevent the minimum wage from being reduced, they have not been increased.

 

States that have skipped the annual increase in minimum wage this year include , , , , Nevada, , Missouri and .

 

In Florida, by statute the state minimum wage cannot be (more…)

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2010 New Minimum Wage for the state of Florida (FL)

December 4th, 2009 Posted by Cara

employers must pay the of $7.25 per hour in 2010. This has been in effect since July 24, 2009, and will continue unchanged throughout 2010.

 

Technically the 2010 Florida minimum wage will remain at $7.21 per hour. However, by law, Florida employers are required to pay the when it is higher.

 

When an employer is covered by both the federal and state minimum wage, the employee is entitled to protection under whichever law provides the greater benefit. In this case, the federal minimum wage of $7.25 is higher.

 

Many states have minimum wage laws that apply to employers too small to be covered by the federal minimum wage. Florida does not. The state minimum wage applies to every employee covered by the federal minimum wage.

 

employees in Florida must be paid at least $4.23 per hour. If the employee does not average at least $3.02 per hour in tips over the payroll week, the employer must pay the difference in direct wages. This ensures that tipped employees always earn at least the minimum wage of $7.25 per hour when tips and wages are combined.

 

Florida voters passed the state minimum wage on November 2, 2004. At that time, citizens were frustrated with a federal minimum wage of $5.15 per hour that had (more…)

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Florida Tipped Minimum Wage

July 20th, 2009 Posted by Cara

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

 

However, many employers have questions about the effect this will have on the for workers.

 

Currently, under Florida law, employers are permitted to take a “ 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 $4.23 per hour beginning July 24, 2009. That is 4 cents per hour higher than the 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 in Miami. His hourly 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…)

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