The Florida Department of Economic Opportunity (“DEO”) has announced that the minimum wage for all Florida employees will increase to $8.25 per hour, up 15 cents from the current rate of $8.10. The new hourly wage will take effect on Monday, January 1, 2018. The state minimum wage applies to all hours worked in Florida, and to employees in Florida who are covered by the federal minimum wage.
In 2004, Florida voters approved an amendment to the state constitution which created the state’s minimum wage. The Florida Minimum Wage Act requires the DEO to evaluate the cost of living based on the percentage increase in the federal Consumer Price Index for the 12-month period prior to September of each year. This annual calculation determines whether the state’s minimum wage should increase and by how much.
Employers are required to post a notice of the state’s minimum wage in a conspicuous and accessible place in each location where employees work. This requirement is in addition to a similar notice required for the federal minimum wage. Florida’s minimum wage poster is available for downloading in English, Spanish, and Creole from the Florida DEO’s website at http://www.floridajobs.org. 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.
Employees who are not paid the state’s minimum wage have the right to bring a lawsuit against the employer or any person who has violated the minimum wage law. The employee is entitled to recover back wages, damages and attorneys’ fees.
Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Regulations and laws may vary depending on your location. Consult with a licensed attorney in your area if you wish to obtain legal advice and/or counsel for a particular legal issue.
About the Author
Jade Craig is an attorney in the Tampa office of Trent Cotney, P.A. Construction Law Group. He specializes in labor and employment matters.