The Florida minimum wage remains at $7.25 in 2011, the same rate as the federal minimum wage. Because the state minimum wage is lower than the federal rate, by law employees are entitled to the federal minimum wage 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.
Tipped employees must still be paid $4.23 per hour in Florida 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 Florida 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.”
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.
Tipped 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…)
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.
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.
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…)
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.
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…)