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A Successful Challenge to Local Minimum Wage Ordinances in Florida

April 10, 2017 Labor & Employment Blog Wage and Hour

With efforts to raise both the federal and state minimum wage meeting lackluster success, advocates of raising the minimum wage have been focusing on effecting change at the local level. In Florida, such efforts have led to ordinances raising the minimum wage in municipalities such as the City of Miami and the City of West Palm Beach. However, on March 27, 2017, a court struck down the City of Miami’s Living Wage Ordinance, finding that it is prohibited by Florida Statute § 218.077, which proscribes a municipality from establishing a minimum wage separate from the state or federal minimum wage. In reaching its decision, the court rejected the City of Miami’s argument that Article X, § 24(f), of the Florida Constitution provides explicit authority for municipalities to enact their own wage ordinances. The City still has time to appeal the decision to Florida’s Fourth District Court of Appeal.

The decision will lend support to challenges to other wage ordinances in the state. In addition, this decision may cull current efforts in other municipalities to increase minimum wages.

Jennifer Fowler-Hermes