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Minimum Wage Laws In Florida
 
MINIMUM WAGE LAWS IN FLORIDA


On January 1, 2017, Florida's minimum wage increased to $8.10 per hour. Consequently, the minimum wage for tipped employees for 2017 is $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.

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. Currently, 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.

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 is required to pay "tipped employees" a direct hourly wage  of $5.08 per hour.

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/general/topic/wages/minimumwage.

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: http://www.dol.gov/whd/regs/compliance/posters/flsa.htm.


  • $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. Effective on January 1, 2017, Florida's rate increased to $5.08 per hour.



              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)



 
 
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