Effective January 1, 2015 the minimum wage will be $8.05 per hour, up from the current rate of $7.93. The Federal minimum wage rate is $7.25; however, employees must be paid the minimum wage rate set by the state for which they are employed.
Florida voters approved a constitutional amendment establishing the state minimum wage on November 2, 2004. The 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, 2014.
The state laws mirror those established under the federal Fair Labor Standards Act (FLSA) and its implementing regulations.
Employers of tipped employees, who meet eligibility requirements for the tip credit under the FLSA, may credit towards satisfaction of the minimum wage tips up to the amount of the allowable FLSA tip credit in 2003. However, the employer must pay tipped employees a direct wage. The direct wage is calculated as equal to the minimum wage ($8.05) minus the 2003 tip credit ($3.02); or, a direct hourly wage of $5.03 as of January 1, 2015.
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. More 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. 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’s website.
The federal poster can be downloaded from the U.S. Department of Labor’s website.
Additional information can be found at the Department of Economic Opportunity’s Bureau of Labor Market Statistics.