Florida's minimum wage will increase effective January 1,
2017 as follows:
Florida's minimum wage will
increase by five cents from $8.05 to $8.10 per
Florida's minimum wage for tipped
employees will increase by five cents from $5.03 to
$5.08 per hour.
The Florida Department of Economic Opportunity is required to
publish the new state minimum wage on its website by October
15th of each year (http://www.floridajobs.org), to be effective
the following January 1st. The annual calculation is
based on the percentage increase in the Consumer Price Index
("CPI") for the South region. However,
Florida's minimum wage will never decrease, even if the CPI
goes down in a given year.
Special Notice to Tipped Employees: In addition
to the federal and Florida minimum wage notice requirements,
federal law requires employers to provide notice to tipped
employees of certain information including, but not limited to, the
amount of the cash wage the employer is paying a tipped employee.
In most cases, the cash wage paid to tipped employees in Florida
will change on January 1, 2017. Accordingly, employers are advised
to give a new notice to their tipped employees no later than
January 1, 2017. Although federal law does not specify the manner
in which the notice is given, we recommend that the notice be given
Pre-Suit Notice. Employers of non-exempt
workers are advised to remain informed of any increase in
Florida's minimum wage, which can fluctuate annually and which
can differ from the federal minimum wage. A non-exempt employee who
is paid at least the current federal minimum wage of $7.25 per
hour, but who is paid less than Florida's minimum wage of $8.10
per hour (or $5.08 per hour for tipped employees) may, after giving
their employer notice and an opportunity to resolve any claims for
unpaid wages, bring a civil action against his or her employer for
violating Florida's minimum wage law. Florida's Attorney
General also may bring an enforcement action to enforce the
state's minimum wage law.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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