eLABORate: Florida Increases Minimum Wage

October 23, 2017

Effective January 1, 2018, the minimum wage in the State of Florida will increase to $8.25 per hour, a 15 cent increase from the 2017 rate. Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year. The annual calculation is 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, 2017. Although Florida has raised the state minimum wage, the federal minimum wage most likely will remain at $7.25 for an undetermined period.

Florida employers must pay their employees the hourly state minimum wage for all hours worked. Employers of tipped employees, who meet eligibility requirements for the tip credit under the federal Fair Labor Standards Act (“FLSA”), may credit towards satisfaction of the minimum wage tips up to the amount of the allowable FLSA tip credit in 2003. However, the employer must pay tipped employees a direct wage. The direct wage is calculated as equal to the minimum wage ($8.25) minus the 2003 tip credit ($3.02), or a direct hourly wage of $5.23 as of January 1, 2018.

Florida Statutes require employers who must pay their employees the Florida minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where these employees work. This poster requirement is in addition to the federal requirement to post a notice of the federal minimum wage. Florida's minimum wage poster is available for downloading in English, Spanish and Creole from the Florida Department of Economic Opportunity’s website at: http://www.floridajobs.org. The federal poster can be downloaded from the U.S. Department of Labor's website at: https://www.dol.gov/whd/regs/compliance/posters/flsa.htm.