Florida’s minimum wage will increase 36 cents
to $7.67 per hour effective January 1, 2012.
Florida law requires the Florida Department of
Economic Opportunity to calculate a minimum wage rate each year.
The annual calculation is based on the percentage increase 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, 2011.
On November 4, 2001, Florida voters approved a
constitutional amendment which created Florida’s minimum
wage. The minimum wage applies to all employees in the state
who are covered by the federal minimum wage.
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 Florida minimum
wage. However, the employer must pay tipped employees a direct
wage. The direct wage is calculated as equal to the minimum
wage ($7.67) minus the 2003 tip credit ($3.02) or a direct hourly
wage of $4.65 as of January 1, 2012.
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 may also bring
an enforcement action to enforce minimum wage.
For FLSA information and compliance assistance
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. The 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 Florida Department of
Economic Opportunity’s website at www.floridajobs.org.