The Latest News on Florida Minimum Wage Laws
If your company hires employees in Florida who are subject to the federal Fair Labor Standards Act (FLSA), you need to understand the minimum wage laws that apply in the Sunshine State. Here is what you need to know about Florida’s new requirements for minimum hourly pay rates.
New Minimum Wage in Florida Taking Effect
The Minimum Wage Amendment, which voters ratified in November 2004, requires the Florida Agency for Workforce Innovation (AWI) to recalculate the wage amount on September 30 each year, based on the Consumer Price Index. As of May 2, 2005, Florida’s minimum wage was raised to $6.15 per hour.
When will the new Florida minimum wage law take effect? The recalculated wage will be enforceable on January 1, 2006.
How Does the Florida Minimum Wage Law Affect Tipped Employees?
If your company employs workers in Florida who regularly receive tips, it must now pay those employees at least $3.13 per hour. This wage is tied to the tip credit of $3.02 established under the federal FLSA.
The tip credit will remain at $3.02, but as the minimum wage rises with annual adjustments, your company must pay employees a direct wage which, when added to the $3.02 tip credit, equals the adjusted minimum wage.
Penalties for Violating Florida Minimum Wage Legislation
What happens if your company violates the new Florida minimum wage law? Affected employees may bring a civil lawsuit in court. The Florida state attorney general may also bring action to enforce the minimum wage.
That are the possible remedies? A prevailing employee may recover double the amount of back wages owed, as well as attorney's fees and costs. Employers that willfully violate the Florida minimum wage provisions may be required to pay a fine to the state of Florida of $1,000 for each violation. An employee must file a claim within 4 years of the violation (or 5 years if the violation is willful).
The new minimum wage law also provides specific authority to bring class actions against employers under the Florida class action rule.