The Fair Labor and Standards Act establishes the federal minimum wage, which now rests at $7.25 per hour as of July 24, 2009. However, many states, including Florida, haved enacted their own minimum wage laws. Effective Jan. 1, 2013, the minimum wage in Florida is $7.79. For tipped employees, the Florida minimum wage is $4.77. According to overtime law, employees are entitled to the higher minimum wage, either state or federal.
In 2004, residents agreed to an amendment that established a minimum wage for Florida. This amendment states that the Agency for Workforce Innovation must create a new minimum wage every year.
If you are receiving less than $7.79 per hour, fill out our free case evaluation form. Our Florida minimum wage attorneys will evaluate your claim, at no cost to you, to determine whether you are owed back pay.
Under the Fair Labor Standards Act (FLSA), employers are allowed to claim a "tip credit" toward fulfilling minimum wage requirements for their tipped workers. In other words, tips are credited against and satisfy a part of the employer's obligation to meet the minimum wage. Under federal law, if a worker keeps all their tips and he or she typically receives more than $30 per month in tips, the company must pay the tipped employee at least $2.13 in direct wages if that amount in addition to tips equals the federal minimum wage. If the tips along with the direct wage of at least $2.13 per hour do not meet the federal minimum wage, the employer must make up the difference. Therefore, as the federal minimum wage rises, so does the federal tip credit; the direct wage of $2.13 stays the same.
However, under Florida minimum wage law, this is not the case. The Florida Constitution states that employees can take a tip credit of no more than the FLSA tip credit in 2003 ($3.02). Therefore, under the Florida Constitution, the employer's tip credit cannot exceed $3.02. As the Florida minimum wage rises, the tip credit of $3.02 stays consistent, while the direct wage to the tipped worker increases. As of Jan. 1, 2013, the minimum wage for tipped employees was $4.77, or the Florida minimum wage ($7.79) minus the tip credit from 2003 ($3.02).
Federal law states that companies must pay their workers the higher minimum wage. Therefore, as of Jan. 2013, Florida workers must receive at least $7.79 per hour. Any employees receiving less than this amount after Jan 1. 2013 may be able to recover lost pay. If you believe you have a minimum wage claim, our Florida minimum wage attorneys can help. Contact our minimum wage lawyers in Florida today to find out how you can recover the pay you lost from your employer's violations.
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