Reminder: Florida’s Minimum Wage Increased to $11 Per Hour on September 30, 2022
As a reminder, effective September 30, 2022, Florida’s minimum wage increased from $10.00 to $11 per hour.
Employers who meet the eligibility requirements for the tip credit under the Fair Labor Standards Act may credit up to $3.02 toward satisfaction of the minimum wage paid to tipped employees, but must also pay tipped employees a direct hourly wage of $7.98, effective September 30, 2022.
A consequence of Florida’s minimum wage increase is that the numerical information required under the U.S. Department of Labor’s (DOL) notice to tipped employees must be revised and provided again. DOL regulations require that employers who take a tip credit against their minimum wage obligation must provide tipped employees with notice including: (1) the amount of cash wages the employer is paying the tipped employee; (2) the amount being claimed by the employer as a tip credit; (3) the tip credit cannot exceed the amount of tips actually received; (4) the employee retains all tips except where a valid tip pool exists; and (5) the tip credit will not apply to any tipped employee unless the employee has been informed of the foregoing provisions.
While the DOL’s regulations do not require that the “tip credit notice” be in writing, employers should provide such notice to their tipped employees in writing and retain an employee-signed copy of the notice to evidence compliance.
Employers are required by law to post a Florida minimum wage notice in a visible and accessible place in each establishment where employees work. Likewise, federal law also requires that employers post a notice of the federal minimum wage under the Fair Labor Standards Act. Florida’s minimum wage notice is available for download in English, Spanish, and Creole from the Florida Department of Economic Opportunity’s website. The Fair Labor Standards Act minimum wage poster can be downloaded from the U.S. Department of Labor’s website.
Consequences of Noncompliance
Employers should be aware that employees who are not paid at least minimum wage or appropriate overtime compensation under state or federal law may bring civil actions against that employer and any person violating such wage laws. Additionally, the U.S. Department of Labor and Florida’s Attorney General may also bring enforcement actions to enforce federal and state wage laws, respectively.