Beginning January 1, 2013, employers must pay their employees a minimum wage of $7.79 per hour for all hours worked in Florida, a 12-cent increase over the current Florida minimum wage of $7.67 an hour.
The minimum wage under the federal Fair Labor Standards Act is $7.25 an hour, but the FLSA directs that where a state has a higher minimum wage, the employer must pay the state rate. Under Florida law, the definitions of "employer," "employee," and "wage" are the same as those established under the FLSA.
Every September, the Florida Department of Economic Opportunity is required to calculate a minimum wage rate based on the federal Consumer Price Index. If that calculation is higher than the federal minimum wage, the state's rate takes effect the following January. The current Florida minimum wage became effective January 1, 2012.
WHAT ABOUT TIPPED EMPLOYEES?
Employers of employees who are eligible for the tip credit under the FLSA may count tips actually received as wages under the Florida law. However, these employers must pay tipped employees a direct wage, calculated as the minimum wage minus the 2003 tip credit. Thus, using the 2013 rates, the minimum wage will be $7.79 minus the 2003 tip credit of $3.02, for a direct hourly wage of $4.77.
Employers who must pay their employees the Florida minimum wage are required to post a minimum wage notice in a conspicuous and accessible place in each establishment where these employees work. This poster is in addition to the requirement to post a notice of the federal minimum wage.
Florida's minimum wage poster can be downloaded in English and Spanish from the website of the state Department of Economic Opportunity. The federal poster can be downloaded from the website of the U.S. Department of Labor.