On October 13, 2017, the Florida Department of Economic Opportunity (DEO) released information about a new minimum wage rise which will come into effect on January 1, 2018.
- Florida employees working for minimum wage can expect to see a pay bump from the current $8.10 per hour to $8.25 per hour, making this wage rise a 2% increase. Employees working full-time for that amount will earn $17,160 per annum, or $330 a week.
- The minimum wage increase is related to the DEO’s requirement to comply with Florida law to annually revisit the minimum wage rate and adjust it according to the Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region.
- The Federal minimum wage will likely remain at $7.25 for the foreseeable future, but employers in the Florida region are obligated by law to pay their non-exempt workers the hourly state minimum of $8.25 after January 1, 2018.
- The increased hourly rate will also impact the calculation of overtime compensation to which a Florida employee is entitled.
- The law further requires that employers place a minimum wage notice in an accessible and conspicuous location wherever there are employees earning minimum wage. This requirement is in addition to the need for posting notices of the federal minimum wage.
- Employers who employ minimum wage earners who receive tips and are eligible for a tip credit under the Fair Labor Standards Act (FLSA), may apply credit to satisfy the minimum wage level up to the allowable FLSA tip credit (which equates to $3.02).
- Employers must still pay tipped employees a wage as directed by the minimum wage standard, minus the tip credits. Tipped employees, as of the 2018 minimum wage rise, will earn $5.23, per hour, a which equates to a 0.15c increase per hour.
- Employers who take tip credits against minimum wage must also provide notice to the tipped employee about the number of cash wages the employer is paying the tipped employee, and the amount the employer is claiming as tip credits.
- Tip credits should not exceed the number of tips received, and the employee retains all tips wherever a valid tip pool exists. Tip credits may not apply to any tipped employee, unless the employer has informed them of the above conditions.