Employees have the right to receive at least the minimum wage for all the hours they work. The Florida minimum wage is the lowest amount that employers can legally pay their workers per hour in our state.
The minimum wage here is higher than the federal minimum wage, and it changes every year based on inflation.
What is the current minimum wage?
As of January 1, 2021, the minimum wage in Florida is $8.65 per hour for non-tipped employees and $5.63 per hour for tipped employees. However, this will change soon. Florida voters approved a constitutional amendment in November 2020 that will gradually raise the minimum wage to $15 per hour by 2026.
According to the amendment, the minimum wage will increase to $10 per hour on September 30, 2021, and then by $1 per hour each year until it reaches $15 per hour on September 30, 2026. The minimum wage will the adjust annually based on inflation.
How is the minimum wage calculated and adjusted?
The minimum wage in Florida is based on a state law called the Florida Minimum Wage Act, which was enacted in 2005. The act states that employers must pay employees a minimum wage that is at least equal to the federal minimum wage or the state minimum wage, whichever is higher.
The act also requires the Florida Department of Economic Opportunity to calculate and publish an adjusted state minimum wage rate every year by September 30. This new minimum wage takes place at the beginning of the year. The DEO uses the Consumer Price Index for Urban Wage Earners and Clerical Workers for the South Region as measured by the United States Department of Labor to determine the rate of inflation for the previous 12 months.
The DEO publishes the adjusted state minimum wage rate and its effective date on its website and notifies employers by mail or email. Employers are responsible for displaying a poster with the current minimum wage information in a conspicuous place.
What if I do not get that minimum wage?
If you believe that your employer has violated your right to receive the minimum wage, you have several options to file a complaint or a lawsuit. You can contact the United States Department of Labor’s Wage and Hour Division. The WHD enforces the federal minimum wage and other labor standards.
The Florida Department of Economic Opportunity’s Division of Workforce Services administers Florida’s reemployment assistance program and can help you file a claim for unpaid wages under state law. You can also sue your employer.