Minimum Wage Laws In Florida

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        Florida's Minimum Wage was $11.00 per hour as of Sep 30, 2022,

             and increased to $12.00 per hour as of Sep 30, 2023.                

The Department of Economic Opportunity announced on its website that Florida’s minimum wage increases from $11.00 to $12.00 per hour,  effective September 30, 2023. Similarly, the minimum wage for tipped employees increases from $7.98 to $8.98 per hour, based upon a tip credit of $3.02.    [The federal hourly minimum wage is currently at $7.25]. 

Florida Voters approved Amendment 2 which changed the minimum wage beginning on  September 30, 2021.

How did the passage of Amendment 2 change the minimum wage in Florida?

Amendment 2 was designed to increase the state minimum wage from $8.56 in 2020 to $15.00 in 2026. Under Amendment 2, the state minimum wage was set to increase each year as follows:

  • $10.00 on September 30, 2021
  • $11.00 on September 30, 2022;
  • $12.00 on September 30, 2023;
  • $13.00 on September 30, 2024;
  • $14.00 on September 30, 2025;
  • $15.00 on September 30, 2026.

The measure also requires an annual adjustment to the state minimum wage based on increases to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) beginning on September 30, 2027

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On September 30, 2023 , Florida's minimum wage was increased to $12.00 per hour. Consequently, the minimum wage for tipped employees for 2022 as of 9/30/2023 is  $8.98 per hour in addition to tips.

On September 30, 2022 , Florida's minimum wage was increased to $11.00 per hour. Consequently, the minimum wage for tipped employees for 2022 as of 9/30/2022 was  $7.98 per hour in addition to tips.

On September 30, 2021 , Florida's minimum wage was increased to $10.00 per hour. Consequently, the minimum wage for tipped employees for 2021 as of 9/30/2021 was  $6.98 per hour in addition to tips.

On January 1, 2021, Florida's minimum wage was increased to $8.65 per hour. Consequently, the minimum wage for tipped employees for 2021 is  $5.63 per hour in addition to tips

On January 1, 2020, Florida's minimum wage was increased to $8.56 per hour. Consequently, the minimum wage for tipped employees for 2020 is  $5.54 per hour in addition to tips.

On January 1, 2019, Florida's minimum wage was increased to $8.46 per hour. Consequently, the minimum wage for tipped employees for 2019 is  $5.44 per hour in addition to tips.

On January 1, 2018, Florida's minimum wage increased to $8.25 per hour. Consequently, the minimum wage for tipped employees for 2018 was $5.23 per hour in addition to tips.

On January 1, 2017, Florida's minimum wage increased to $8.10 per hour. As a result, the minimum wage for tipped employees for 2017 was $5.08 per hour in addition to tips.

Florida's minimum wage for 2016 was the same as the minimum wage for 2015, which was $8.05 per hour. Consequently, the minimum wage for tipped employees for 2016 was at $5.03 per hour in addition to tips.

On January 1, 2015, the Florida minimum wage increased from $7.93 per hour to $8.05 per hour. At the same time, the minimum wage for tipped employees increased from $4.91 per hour to $5.03 per hour in addition to tips.

On January 1, 2014, the Florida minimum wage increased from $7.79 per hour to $7.93 per hour. At the same time, the minimum wage for tipped employees increased from $4.77 per hour to $4.91 per hour in addition to tips.

On January 1, 2013, the minimum wage for Florida employees increased from $7.67 to $7.79 per hour.

On January 1, 2012, the Florida minimum wage was $7.67 per hour. Previously, on June 1, 2011, the Florida Minimum Wage had increased to $7.31 per hour, which was higher than the Federal minimum Wage rate, so Florida employers were then required to increase the minimum wage rate to $7.31 per hour. Prior to that, on July 24, 2009, when the Federal Minimum Wage rate increased to $7.25 per hour, since it was higher than the Florida Minimum Wage rate, the Federal Rate prevailed, and prior to that, on January 1, 2009, Florida's minimum wage was $7.21 per hour. This had increased in Florida from the $6.79 per hour minimum wage in 2008.

The Florida $15.00 per hour Minimum Wage Initiative (Initiative #18-01) appeared on the ballot in Florida as an initiated constitutional amendment on November 3, 2020. The measure, entitled The Florida for Fair Wage campaign,  increased the minimum wage from $8.56 (2020) per hour to the following:

$10.00 on September 30, 2021

$11.00 on September 30, 2022

$12.00 on September 30, 2023

$13.00 on September 30, 2024

$14.00 on September 30, 2025

                                                                                                                     and $15.00 on September 30, 2026.

Thereafter, the minimum wage would increase or decrease each year based upon changes in the Consumer Price Index.

Minimum Wage Laws in Florida are provided for in its Constitution and in Florida Statutes. See Article X, Section 24 of the Constitution of the State of Florida and Florida Statutes §448.110.

On November 2, 2004, 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. Florida law requires the Department of Economic Opportunity to calculate a new minimum wage each year and to publish the new minimum wage on January 1.

In deciding whether the federal or state minimum wage applies, federal law directs that businesses must pay the higher of the two. Prior to July 24, 2009, the Florida minimum wage prevailed over the federal rate until the federal minimum wage became higher than the state rate. The federal minimum wage increased to $7.25 on July 24, 2009. On this date, Florida employers were required to increase the minimum wage from $7.21 to $7.25. However, on June 1, 2011, the Florida Minimum Wage increased to $7.31 per hour, which was higher than the Federal Minimum Wage rate, so Florida employers were then required to increase the minimum wage rate to $7.31 per hour. Similarly, on January 1, 2012, the Florida Minimum Wage was increased to $7.67 per hour, which was higher than the Federal Minimum Wage rate, so Florida employers were required to increase the minimum wage rate to $7.67 per hour.  As of January 1, 2017, the Florida Minimum Wage was increased to $8.10 per hour, which was again higher than the Federal Minimum Wage rate, so Florida employers were required to increase the minimum wage rate to $8.10 per hour. Thereafter, the higher minimum wage prevails.

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 ($7.79) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.77 as of January 1, 2013. Similarly, as of January 1, 2014, the employer was required to pay "tipped employees" a direct hourly wage of $4.91 per hour. However, as of January 1, 2017, the employer was required to pay "tipped employees" a direct hourly wage of $5.08 per hour.

Under the FLSA, an Employee is considered a tipped employee if he or she receives more than $30.00 per month in tips. Tipped Employees defined by FLSA from the US Department of Labor, Wage and Hour Division for general information concerning the application of the FLSA to employees who receive tips.

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. FLSA information and compliance assistance can be found at: https://www.dol.gov/agencies/whd/flsa..

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 Florida Department of Economic Opportunity (DEO) website under the subheading Display Posters and Required Notices. The following is an English Version of the Poster: Florida's minimum Wage Poster.

The federal poster can be downloaded from the U.S. Department of Labor's website at: https://www.dol.gov/whd/regs/compliance/posters/flsa.htm....

                                                           $12.00 – September 30, 2023  Florida's Minimum Wage

                                                        $11.00 – September 30, 2022  Florida's Minimum Wage

                                                       $10.00 – September 30, 2021  Florida's Minimum Wage

                                                         $8.65 – January 1, 2021  Florida's Minimum Wage

$8.56 – January 1, 2020  Florida's Minimum Wage

                                                         $8.46 – January 1, 2019  Florida's Minimum Wage

$8.25 – January 1, 2018 Florida's Minimum Wage

$8.10 – January 1, 2017 Florida's Minimum Wage

$8.05 – January 1, 2016 Florida's Minimum Wage

$8.05 – January 1, 2015 Florida's Minimum Wage

$7.93 – January 1, 2014 Florida's Minimum Wage

$7.79 – January 1, 2013 Florida's Minimum Wage

$7.67 – January 1, 2012 Florida's Minimum Wage

The minimum wage is different for tipped employees:

                 Minimum Wage in Florida for Tipped Employees (using the $3.02 tip credit)

January 1, 2007 to Dec. 31, 2007 $3.65 (Calculation $6.67 - $3.02)
January 1, 2008 to Dec. 31, 2008 $3.77 (Calculation $6.79 - $3.02)
January 1, 2009 to July 23, 2009 $4.19 (Calculation $7.21 - $3.02)
July 24, 2009 to May 31, 2011 $4.23 (Calculation $7.25 - $3.02)
June 1, 2011 to Dec 31, 2011 $4.29 (Calculation $7.31 - $3.02)
January 1, 2012 to Dec 31, 2012 $4.65 (Calculation $7.67 - $3.02)
January 1, 2013 to Dec 31, 2013 $4.77 (Calculation $7.79 - $3.02)
January 1, 2014 to Dec 31, 2014 $4.91 (Calculation $7.93 - $3.02)
January 1, 2015 to Dec 31, 2016 $5.03 ( Calculation $8.05 - $3.02)
January 1, 2017 to Dec 31, 2017 $5.08 ( Calculation $8.10 - $3.02)
January 1, 2018 to Dec 31, 2018 $5.23 ( Calculation $8.25- $3.02)
January 1, 2019 to Dec 31, 2019 $5.44 (Calculation $8.46 - $3.02)
January 1, 2020 to Dec 31, 2020
$5.54 (Calculation $8.56 -$3.02)
January 1, 2021 to September 29, 2021
$5.63 (Calculation $8.65 - $3.02)
September 30, 2021 to September 29, 2022 $6.98 (Calculation  $10.00 - $3.02)
September 30, 2022 to September 29, 2023 $7.98 (Calculation $11.00 - $3.02)
September 30, 2023 to September 29, 2024 $8.98 (Calculation $12.00 - $3.02)

11270 SW 59 Avenue, Miami, FL 33156, USA

Samole Law Firm, PA

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Regular office hours

Monday:

9:00 am-5:30 pm

Tuesday:

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Wednesday:

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Thursday:

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Saturday:

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