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…)

Under new regulations issued by the Oregon BOLI or Bureau of Labor and Industries, food servers can opt to waive their unpaid meal breaks, but not their paid rest breaks.

Tipped Oregon food service workers over the age of 18 may opt out of their required 30-minute meal breaks if they like. The employee must complete a waiver form, available in English or Spanish from the BOLI website.

Employers cannot require an employee to waive breaks, or coerce employees to do so under the new regulations. Either the employer or the employee can revoke the waiver at any time by written notice.

However, if the employer has a signed, non-revoked waiver on file, the employee (more…)

The Arizona minimum wage will increase by 35 cents, from $6.90 to $7.25 per hour on January 1, 2009. This is the first annual cost-of-living increase under the new Arizona minimum wage law. The increase is based on the annual inflation rate as reported by the CPI, the Consumer Price Index.  

On November 7, 2006, the Arizona voters approved Proposition 202, also known as the “Raise the Arizona Minimum Wage for Working Arizonans Act.” Under A.R.S. 23-364(A), which became effective January 1, 2007, the Industrial Commission of Arizona was given the authority to enforce and implement the Act.  Effective January 1, 2008, Arizona’s minimum wage increased to $6.90 per hour.  

Every employer covered under the Act is required to pay each employee wages not less than this amount, according to the Industrial Commission of Arizona.Effective January 12, 2008, final Administrative Rules under Title 20, Chapter 5, Article 12 were approved and are currently in effect.  

The Arizona minimum wage applies to part-time and temporary workers, as well as full-time permanent workers.  

Arizona permits employers to take up to (more…)

The minimum wage for tipped employees in North Carolina has been reduced to $2.13  per hour, for now, despite the increase in the state and federal minimum wage on July 24, 2008.

On July 24, both the federal and North Carolina minimum wages increased to $6.55 per hour. However, employees who earn at least $30 per month in tips can be paid less.

Until recently, the minimum wage for tipped workers in North Carolina was (more…)

On September 1, 2008, the minimum wage for New Hampshire employers will increase the second time in a matter of weeks. On July 23, 2008 the state minimum wage was $6.50 per hour. The federal minimum wage increase on July 24 meant that most New Hampshire employers had to pay $6.55 per hour.

The New Hampshire minimum wage will increase again on September 1, when the state rate goes up to (more…)