Florida’s Minimum Wage Increased to $7.31 per hour
Effective June 1, 2011, the Florida minimum wage was increased from $7.25 to $7.31 per hour. Florida’s minimum wage law requires the Agency for Workforce Innovation to calculate an adjusted minimum wage rate each year. This year there is only a $.06 increase. The minimum wage applies to all employees in the state who are covered by the federal minimum wage (the vast majority of workers are covered).
Florida employers must pay their employees at least $7.31 for each hour worked during the work week. 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 Florida minimum wage. However, the employer must pay “tipped employees” a direct wage. The direct wage is calculated as equal to the minimum wage ($7.31) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.29 as of June 1, 2011. So this means that tipped employees must receive a pay check with the tip credit wage. Some tipped occupations are very lucrative. There are employers that take advantage of that and “allow” its tipped employees to work without receiving a tip credit wage. This is a common practice and its illegal.
If you are not being paid at least a minimum wage, you may bring a civil action against the employer or any person violating Florida’s minimum wage law. Contact Robert S. Norell, P.A. for help in recovering your unpaid minimum wages.