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With Florida minimum wage going up again, it’s time to change your posters

November 2021 employment law letter
Authors: 
Lisa K. Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

The Florida minimum wage recently jumped to $10 per hour, a significant increase from the previous $8.65 per hour and greater than the federal minimum rate of $7.25. Florida employers, both public and private, must pay their employees the higher of the two. It’s also time to update your workplace posters.

Nontipped employees

In November 2020, more than 60 percent of Florida voters approved state constitutional Amendment 2, which raises the state’s minimum wage incrementally each year until it reaches $15 per hour on September 30, 2026 (see “Florida employers, get ready: Voters pass minimum wage increase to $15 by 2026” in our December 2020 issue). For hourly minimum age, nontipped employees, here is the schedule for the increases:

  • $11 on September 30, 2022;
  • $12 on September 30, 2023;
  • $13 on September 30, 2024;
  • $14 on September 30, 2025; and
  • $15 on September 30, 2026.

After 2026, the minimum wage will be adjusted annually for inflation based on changes to the federal Consumer Price Index for urban wage earners and clerical workers in the South Region.

Tipped employees

Under federal and Florida law, employers may pay less than the minimum wage to “tipped employees” meeting the eligibility requirements under the federal Fair Labor Standards Act (FLSA). The resulting credit against an employer’s minimum wage obligation is called the “tip credit.”

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