FLORIDA'S MINIMUM WAGE

Effective May 2, 2005, Florida’s minimum wage is $6.15 per hour.  Employers must pay employees at least a wage of $6.15 per hour for all hours worked in Florida.  The definitions of “employer,” “employee,” and “wage” are those established under the federal Fair Labor Standards Act (FLSA). 

For “tipped employees” meeting eligibility requirements for the tip credit under the FLSA, employers may count tips actually received as wages under the FLSA, but the employer on May 2, 2005 must pay not less than $3.13 per hour in direct wages.  (As mandated by Florida’s Constitution, this direct wage represents the 2003 tip credit existing under the FLSA ($3.02) subtracted from Florida’s minimum wage; therefore, as the minimum wage increases each year, the direct wage paid to tipped employees will also increase.)

Employees who are not paid the minimum wage may bring a civil action in a court of competent jurisdiction against the employer or any person violating Florida’s minimum wage law.  The state attorney general may also bring an enforcement action to enforce the minimum wage.  As stated in Florida’s Constitution, the case law, administrative interpretations, and other guiding standards under the FLSA should be the guide regarding the construction of Florida’s constitutional amendment creating the minimum wage.  FLSA information and compliance assistance can be found at http://www.dol.gov/dol/compliance/comp-flsa.htm. 

Pursuant to the language of the constitutional amendment regarding the minimum wage, Florida’s Agency for Workforce Innovation (AWI) is to perform an annual calculation to establish a new minimum wage each year based upon changes in the consumer price index.  AWI will perform this calculation on September 30th each year, with the new minimum wage becoming effective the following January 1st.