Florida Adopts $15.00 Minimum Wage

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On November 3, 2020, Florida voters approved Amendment 2, which raises the state minimum wage to $15.00. The increase goes into effect over time, with the minimum wage increasing to $8.65, as planned, on January 1, 2021, and then increasing to $10.00 on September 30, 2021. Thereafter, the minimum wage will increase by $1.00 per year until the minimum wage reaches $15.00.

Florida employers may continue to take a $3.02 tip credit towards the minimum wage payable to their tipped employees.

In short, Florida employers must plan to pay their employees increased minimum wages pursuant to the following schedule:

Full Minimum Wage Tipped Minimum Wage
January 1, 2021 $8.65 $5.63
September 30, 2021 $10.00 $6.98
September 30, 2022 $11.00 $7.98
September 30, 2023 $12.00 $8.98
September 30, 2024 $13.00 $9.98
September 30, 2025 $14.00 $10.98
September 30, 2026 $15.00 $11.98

Florida’s minimum wage will continue to increase each year, as it currently does, based on the consumer price index. On September 30, 2027, and each September 30 thereafter, the state will calculate the new minimum wage that will take effect January 1 of the following year.

The Florida Legislature will need to amend Section 448.110, Florida Statutes, to bring Florida’s Minimum Wage Law into conformity with Amendment 2. Already, there is speculation that the Legislature may try to curtail the impact of Amendment 2.

Lowndes will provide updates on any legislation relating to Florida’s minimum wage.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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