Florida Minimum Wage
As of January 1, 2010, the minimum wage for Florida will remain unchanged at the federal rate of $7.25 per hour. The new federal minimum wage went into effect July 24, 2009. Federal law requires that employers pay the higher of the federal or state minimum wage. The federal minimum wage will prevail over the state rate until such time as the Florida minimum wage becomes higher than the federal rate.
Florida law requires the Agency for Workforce Innovation to calculate a new minimum wage each year and publish the new minimum wage on October 15. The annual calculation is based on the percentage change 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, 2009. With the higher federal minimum wage taking precedence over the state rate, that calculation will not be applied to Florida’s minimum wage in 2010.
Florida Wage and Hour Definitions
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 FLSA. However, the employer must pay “tipped employees” a direct wage. The direct wage is calculated as equal to the minimum wage ($7.25) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.23 as of July 24, 2009.
Florida Overtime Law
At this time, there is no state-specific Florida Overtime Law. Therefore, Florida employer’s are simply required to follow the Fair Labor Standards Act (FLSA).
