The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to an established minimum wage. Employees should earn overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek. Visit the U.S. Department of Labor for more detailed information.
In 2020, Florida voters approved an increase in minimum wage which, at the time was $8.56 an hour, and the Florida Constitution was amended to establish that. Effective September 30, 2022, minimum wage was raised to $11 an hour, and moving forward, scheduled annual increases will bring the state’s minimum wage to $15 an hour late in September 2026.
Many employers are adjusting to the new requirements, and workers and sub-contractors as well, need to understand minimum wage laws and violations, as well as wage theft and pay discrimination.
According to a recent Economic Policy Institute study of the ten most populous states, employers in Florida, unfortunately lead the nation in minimum wage violations. In the employment landscape, for a number of reasons, service industry jobs, sales, office and administrative are considered most likely to see violations. These occupations are also typically impacted with various kinds of employment discrimination, with women being impacted more than men.
Almost all Florida employees are covered by minimum wage laws and must be paid at least the applicable state minimum wage. Under U.S. Department of Labor rules, employees are entitled to the minimum wage if they work at any covered enterprise, such as:
• A business with at least two employees and at least $500,000 annual sales
• Hospitals and businesses providing medical or nursing care for residents
• Schools and preschools
• Government agencies
Or at an uncovered enterprise such as:
• Factory worker
• Office worker
Employers of tipped employees are entitled to take a “tip credit” allowing them to pay their tipped employees a lower minimum wage based on the current minimum wage. If an employee’s tips and wages don’t combine to meet the current minimum wage, the employer has to make up the difference.
Exemptions from the minimum wage requirement include a 90-day training wage for new hires and a lower minimum wage for full-time students working part-time for certain employers.
For more information about minimum wage law and how it may impact your business model or your employment, contact attorney Derek Usman at 813-377-1197.