By: Kelly Charles-Collins, Esquire
Effective January 1, 2018, Florida’s new minimum wage is $8.25 per hour.
Things you should know:
Florida law requires that the Florida Department of Economic Opportunity calculate a minimum wage rate every year.
Minimum wage applies to all employees in Florida who are covered by the federal minimum wage laws.
Employers must pay their employees minimum wage.
Employers who employ “tipped employees” who are eligible for tip credit under the Fair Labor Standards Act (“FLSA”), may credit towards satisfaction of the minimum wage tips up to the allowable FLSA tip credit
- Employers must pay tipped employees a “direct wage.”
- The direct wage is calculated as the minimum wage minus the tip credit. Therefore, for 2018, the direct wage is $5.23 (i.e. $8.25-$3.02).
- Therefore, the minimum wage for tipped employees is at least $5.23, in addition to tips.
Employers who fail to pay the minimum wage may be subject to a civil action by an employee or an enforcement action by the state attorney general.
- In a civil action, an employer could be liable for back wages, damages and attorneys’ fees.
- Employers cannot retaliate against employees for exercising their right to receive minimum wage.
- If an action by the state attorney general, employers found liable for intentionally violating minimum wage requirements are subject to a fine of $1,000.00 per violation.
Employers must post a new minimum wage notice in a conspicuous and accessible place in each location where employees work. Florida posters can be downloaded at http://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices.
Federal labor posters can be downloaded at https://www.dol.gov/whd/resources/posters.htm.