Florida Minimum Wage Increase Effective January 1, 2012

Effective January 1, 2012, the Florida minimum wage will be increased to $7.67 per hour. Pursuant to the Minimum Wage Amendment to the Florida Constitution, which took effect in 2005, every September the Florida Department of Economic Opportunity is required to calculate and adjust the minimum wage rate by increasing the current minimum wage by the rate of inflation during the preceding twelve month period. The adjusted minimum wage rate calculated is to take effect the following January 1st.

Florida’s minimum wage surpassed the federal minimum wage of $7.25 per hour in June 2011.  Therefore, Florida’s minimum wage will continue to be the prevailing wage in the state unless and until a future adjustment to the federal minimum wage makes it greater than Florida’s minimum wage.

The minimum wage increase also impacts tipped employees who meet the eligibility requirements for the tip credit under the Fair Labor Standards Act (“FLSA”). Generally, employers are entitled to credit toward the minimum wage for tips received by eligible employees. However, the employer must pay tipped employees a direct wage, which is equal to the minimum wage minus the established tip credit. Starting on January 1, 2012, the new direct wage for tipped employees in Florida will be $4.65 per hour.

Both federal and Florida law require employers to post a minimum wage notice in a conspicuous and accessible place in each of their workplaces. Any time the minimum wage is changed employers are required to post new notices reflecting the increase. Click here to download Florida’s minimum wage poster in English and Spanish from the Florida Department of Economic Opportunity’s website.

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