On November 2, 2004, Florida voters approved a constitutional
amendment that created Florida's minimum wage. The minimum wage
applies to all employees in the state who are covered by the
federal minimum wage. Florida law requires a new minimum wage
calculation each year on September 30, based on the Consumer Price
Index. If that calculation is higher than the federal rate (which
is currently $7.25 per hour), the state's rate then would take
effect the following January.
Florida's minimum wage is currently $7.67 per hour,
effective January 1, 2012. According to our discussions with state
officials, beginning January 1, 2013, Florida's minimum wage
will be $7.79 per hour, which is a 1.5% (or $0.12) increase from
last year due to the change in the Consumer Price Index.
Employers of "tipped employees" who meet eligibility
requirements for the tip credit under the Fair Labor Standards Act
(FLSA) may count tips actually received as wages under the FLSA.
However, the employer must pay "tipped employees" a
direct wage. Effective January 1, 2013, the new minimum wage for
tipped employees should become $4.77 per hour plus tips.
The state is scheduled to issue a press release today,
confirming the rates. In deciding whether the federal or state
minimum wage applies, federal law directs that businesses must pay
the higher of the two. The Florida minimum wage will prevail over
the federal rate until (and unless) the federal minimum wage
becomes higher than the state rate.
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
An employee who has not received the lawful minimum wage after
notifying his or her employer and giving the employer 15 days to
resolve any claims for unpaid wages may bring a civil action in a
court of law against an employer to recover back wages plus damages
and attorneys' fees. The state attorney general may also bring
an action to enforce the minimum wage.
Note: This article was published in the
October 15 2012 issue of the Florida eAuthority.
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Multi-day seminar specifically designed for employers with workers in California. At the top of the list of our discussion will be the state’s new recreational marijuana law and amendments to California’s Fair Pay Act, both of which stand to pose significant challenges for the state’s employers.
You can review all the important topics we will cover in the attached agenda for our fifth annual Navigating California Employment Law program, which will be held March 1-4, 2017, at The Meritage
Also note that we will hold a special pre-conference session on Wednesday, March 1, for those of you looking for a quick immersion (or reminder) about the intricacies of California employment law. Of course, given the location wine tasting events will also be available in the evenings, leading some to refer to the program as "California Employment Law & Cabernet!"
The 2017 program will feature a number of very special guest speakers as well. For instance, Elizabeth Rindskopf Parker, the Executive Director of the State Bar of California, will be our keynote lunch presenter on Thursday, March 2. The following day, California Advocates President Michael Belote will kick off the morning session with an insider's look at the new legislation in the works for 2017 and how it will impact employers.
The Oregon Bureau of Labor and Industries recently issued new
guidance under which nonexempt employees who work in mills,
factories, or manufacturing establishments may be entitled to
both daily and weekly overtime compensation.
Employers that are
potentially affected should take action now to review and adjust
their pay practices to comply with the new interpretation or risk
exposure to overtime wage claims. Join us for a webinar that will
discuss this important new guidance and steps that employers
should take to comply.
Annette Guarisco Fildes is a strategic public policy and political counselor with more than 30 years of government affairs experience involving
complex legislative and regulatory matters in the U.S. and abroad. She is currently President and CEO of The ERISA Industry Committee
(ERIC), which is the only national association advocating solely for the employee benefi t and compensation policy interests of America’s
largest employers. Annette is responsible for striving toward and upholding the associatio
The issue of whether to pay for training time is a vexing one. In a recent case, a major airline avoided liability (for the most part) in a FLSA collective action alleging that it did not pay workers...
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