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New minimum wage in Florida? We will see . . .

November 2020 employment law letter
Authors: 
Jeff Slanker, Sniffen & Spellman, P.A.

Florida voters may have already begun receiving their ballots for the upcoming election in the mail, and they've probably noticed one of the constitutional amendments would raise the state minimum wage. Currently, the rate is $8.56 per hour.

Voters will decide

According to the ballot summary, the amendment would:

  • Raise the minimum wage to $10 per hour effective September 30, 2021; and
  • Increase the rate by $1 per hour on each  September 30 thereafter until it reaches $15 an hour on September 30, 2026.

From then on, minimum wage ihikes would be adjusted for inflation starting on September 30, 2027. Currently, rate increases are adjusted for inflation.

The state’s electorate has approved minimum wage increases numerous times in the past. If enacted, the constitutional amendment would bring Florida in line with seven other states that have enacted a $15 minimum wage, effective incrementally.

Bottom line

Employers of all sizes should keep a close watch on the measure and begin thinking about how to comply if it passes. Obviously, the change, if enacted, will need to be reflected in employee pay, including overtime calculations.

Jeff Slanker is a shareholder at Sniffen & Spellman, PA, a law firm with offices in Tallahassee, West Palm Beach, and Pensacola, Florida. Jeff is a lawyer in the firm’s Tallahassee office and can be reached by phone at 850-205-1996. The firm can be found on the web at Sniffenlaw.com or on Twitter @sniffenlaw.

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