Florida’s minimum wage increases to $8.46 on Jan. 1

The minimum wage in Florida will increase to $8.46 per hour, effective January 1, 2019, according to the Florida Department of Economic Opportunity in an October 15 Notice.

Florida law requires the Department to calculate a minimum wage rate each year, based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1, 2018. The rate change for the period August 2017 to August 2018 reflects an increase of 21 cents or 2.59%. When added to the 2018 minimum wage of $8.25 per hour, this results in a new wage rate of $8.46 per hour effective January 1, 2019. Since the state rate is higher than the federal rate, the state wage rate applies.

Employers must pay employees the hourly state minimum wage for all hours worked in Florida. The definitions of employer, employee and wage for state purposes are the same as the definitions established in the federal Fair Labor Standards Act (FLSA) and its implementing regulations. Employers of tipped employees who meet eligibility requirements for the tip credit under the FLSA, may credit tips towards satisfaction of the minimum wage up to the amount allowed under the FLSA tip credit, or $3.02. The employer must pay tipped employees a direct wage of $5.44 per hour effective January 1, 2019.

Employees who are not paid the minimum wage may bring a civil action against the employer or any person violating the law. The state attorney general may also bring enforcement action to enforce the law.

Florida statutes require employers who must pay the Florida minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where employees work. The state poster requirement is in addition to federal posting requirements. The Department provides the state minimum wage poster for download on its website at www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices. (Florida Department of Economic Opportunity, Notice, 2019 Florida Minimum Wage; Notice, 2019 Florida Minimum Wage; October 15, 2018; Florida Department of Economic Opportunity, Bureau of Labor Market Statistics, 2019 Florida Minimum Wage Calculations, prepared September 30, 2018; Florida Department of Economic Opportunity, Florida Minimum Wage History October 2018.)

Visit our News Library to read more news stories.