Florida Minimum Wage Increases to $7.21 on Jan. 1, 2009
Florida's minimum wage will increase to $7.21 per hour effective January 1, 2009. The minimum wage for tipped employees will be $4.19 per hour. The current minimum wage in Florida is $6.79 per hour, as of January 1, 2008. The state minimum hourly wage rate applies to all employees in the state who are covered by the federal minimum wage (State of Florida, Agency for Workforce Innovation Agency News, October 15, 2008).
On November 2, 2004, Florida voters approved a constitutional amendment that established a state minimum wage. Florida law requires the Agency for Workforce Innovation to calculate a new minimum wage each year and publish the new minimum wage on January 1. The increase for 2009 represents a 6.2 percent change in the federal Consumer Price Index for urban wage earners and clerical workers in the South Region for the 12-month period prior to September 1, 2008.
In deciding whether the federal or state minimum wage applies, federal law directs that businesses must pay the higher of the two. The Florida minimum wage will prevail over the federal rate until such time as the federal minimum wage becomes higher than the state rate. The federal minimum wage will increase to $7.25 on July 24, 2009. On this date, Florida employers must increase the minimum wage from $7.21 to $7.25.
Employers must pay their employees the hourly state minimum wage for all hours worked in Florida. The definitions of "employer," "employee" and "wage" for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA). Employers of "tipped employees" who meet eligibility requirements for the tip credit under the FLSA, may count tips actually received as wages under the FLSA. However, the employer must pay "tipped employees" a direct wage. The direct wage is calculated as equal to the minimum wage ($7.21) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.19 as of January 1, 2009.
Employees who are not paid the minimum wage may bring a civil action 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.
Florida Statutes require employers who must pay their employees the Florida minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where these employees work. This poster requirement is in addition to the federal requirement to post a notice of the federal minimum wage. Florida's minimum wage poster is available for downloading in English and Spanish from the Agency for Workforce Innovation's website at: http://www.floridajobs.org/workforce/posters.html.
The Florida and federal minimum wage will increase as follows:
- $7.21 - January 1, 2009, Florida New Minimum Wage
- $7.25 - July 24, 2009, Federal and Florida New Minimum Wage
Reprinted with permission. © CCH
<p>Florida Minimum Wage Increases to $7.21 on Jan. 1, 2009 Florida's minimum wage will increase to $7.21 per hour effective January 1, 2009. The minimum wage for tipped employees will be $4.19 per hour. The current minimum wage in Florida</p>
Florida Minimum Wage Increases to $7.21 on Jan. 1, 2009