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Effective September 30, 2021, the Florida minimum wage jumped to $10 per hour. This is a significant increase from the previous $8.65 per hour and greater than the Federal Minimum Wage of $7.25. Florida employers, both public and private, must pay their employees the higher of the two.
Amendment 2
We previously blogged about Amendment 2, which was a state constitutional amendment that over 60% of Florida voters approved in November 2020. Amendment 2 increases the state’s minimum wage incrementally each year until reaching $15.00 per hour on September 30, 2026.
According to federal and Florida law, employers may pay “tipped employees” meeting the eligibility requirements under the federal Fair Labor Standards Act (FLSA) less than the mandated minimum wage. This credit against an employer’s minimum wage obligation is called the “tip credit.” Amendment 2 did not alter the allowable tip credit of up to $3.02 per hour for those employees properly classified as “tipped employees.” Therefore, the direct hourly rate for tipped employees increased to $6.98 on September 30, 2021.
The hourly minimum wage for non-tipped employees will increase as follows:
Effective Date Florida Minimum Wage
September 30, 2021 $10.00
September 30, 2022 $11.00
September 30, 2023 $12.00
September 30, 2024 $13.00
September 30, 2025 $14.00
September 30, 2026 $15.00
The minimum wage for tipped employees will increase as follows:
Effective Date Tipped Employees Direct Wage
September 30, 2021 $6.98
September 30, 2022 $7.98
September 30, 2023 $8.98
September 30, 2024 $9.98
September 30, 2025 $10.98
September 30, 2026 $11.98
After 2026, the minimum wage will be adjusted annually for inflation based on changes to the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region.
Update Your Posters
Florida employers are required to post a notice of the state minimum wage requirement in a conspicuous place where it is easily visible to all employees (in addition to the federal poster). So, it’s time to update your posters. Don’t fret! The new minimum wage poster is available on the Florida Department of Economic Opportunity website and can found here. For those employers with remote work forces (which seems to be much more of us in these crazy COVID times), check out the guidance from the Wage and Hour Division of the U.S. Department of Labor on complying with its notice and posting requirement when employees are working remotely. Stay safe and happy posting.
