A recent Circuit Court decision in Tallahassee has resulted in a minimum wage hike effective June 1, 2011. More specifically, in Cadet v. Agency for Workforce Innovation (Fla. Cir. Ct. No. 2011-CA-0072, 5/3/11), the court addressed whether the Agency for Workforce Innovation (AWI) erroneously decreased the state minimum wage rate in 2010 and then used this deflated rate as a basis to calculate the 2011 rate. The court ultimately determined that the method the AWI used to calculate the state minimum wage violated state law. As such, the AWI was required to issue a notice stating that the state minimum wage will increase to $7.31 per hour effective June 1, 2011. Notably, this increase results in Florida exceeding the federal minimum wage standard.
Also, effective June 1, 2011, "tipped employees" in Florida who are otherwise eligible for the tip credit under the Fair Labor Standards Act (FLSA) must be paid a direct cash wage of at least $4.29 per hour, which is the equivalent of the new Florida hourly minimum wage ($7.31) minus the tip credit ($3.02), if applicable.
Employers who pay their employees the Florida minimum wage are required to post a notice of the state minimum wage requirement (in addition to posting a notice as required by the FLSA). A Florida law poster can be obtained from the AWI website at: http://www.floridajobs.org/workforce/posters.html.
Contact: Jaime A. Maurer