September 13, 2022 | Fabian Ruiz
On November 3, 2020, Florida voters approved a constitutional amendment to increase the state’s minimum wage each year until September 30, 2026, when it will reach $15 per hour. Effective September 30, 2022, Florida’s minimum wage will increase to $11 per hour. Employers who meet the eligibility requirements for the tip credit under the Fair Labor Standards Act may credit up to $3.02 toward satisfaction of the minimum wage paid to tipped employees, but must also pay tipped employees a direct hourly wage of $7.98, effective September 30, 2022.
Employers who are required to pay their employees the Florida minimum wage are required by law to post a minimum wage notice in a visible and accessible place in each establishment where such employees work. Likewise, federal law also requires that employers post a notice of the federal minimum wage under the Fair Labor Standards Act. Florida’s minimum wage notice is available for download in English, Spanish, and Creole from the Florida Department of Economic Opportunity’s website. The Fair Labor Standards Act minimum wage poster can be downloaded from the U.S. Department of Labor’s website.
Employers should be aware that employees who are not paid the minimum wage or appropriate overtime under state and/or federal law may bring a civil action against that employer or any person violating such wage laws. Additionally, the U.S. Department of Labor and Florida’s Attorney General may also bring enforcement actions to enforce federal and state wage laws, respectively.
Contact GrayRobinson Shareholder Fabian Ruiz or a member of the Labor and Employment Section.