How is Florida’s minimum wage changing?

Florida’s minimum wage is set to increase on September 30, 2022, from $10.00 to $11.00 per hour for standard employees, and from $6.98 to $7.98 per hour for tipped employees. The minimum wage will then increase by a dollar each year at the end of September. This is due to a constitutional amendment approved by voters in 2020 set to gradually lead to a $15.00 an hour minimum wage by 2026.

How are employers required to give notice of the increase?

In order to give employees notice, Florida employers are required to post a minimum wage notice in an accessible place where employees perform minimum wage work. These posters can be found online on the Florida Department of Economic Opportunity’s website and downloaded free of charge in English, Spanish, and Creole. Employers taking a tip credit against their tipped employee’s wages are also required to provide notice of: 

(1) the amount of cash wages the employer is paying the tipped employees;
(2) the tip credit claimed by the employer;
(3) that the tip credit cannot exceed tips received;
(4) that all tips received by the employee are to be retained by the employee except when they participate in a valid tip pool; and
(5) that the tip credit will not apply unless tipped employees have been informed of these provisions. 

What if employers do not comply?

Unfortunately, some employers are not compliant with the new minimum wage laws. Whether they do so knowingly or unknowingly, employers should be held accountable. If employers are not compliant and they are located in South Florida, a Miami employment attorney can file cases for minimum wage violations and get employees what they are owed. Some common excuses employers may use include not having enough revenue in their payroll or insisting a promotion is needed for an increase in wages. If this occurs to you, certain rights will protect you. In fact, our attorneys have been able to help many clients throughout South Florida recover lost wages and make claims for wage theft.

The minimum wage increase applies to both standard and tipped employees. If you are in the South Florida area and not receiving (hourly or salaried) wages at $11 after September 2022, or see an increase to $6.98 per hour for tipped employees, contact a Miami employment attorney to determine if you have a case. You may also contact a Miami employment attorney if you have been denied an increase for the Florida minimum wage rate.