It is pumpkin spike latte time here in Florida which is one of the only signs of fall with our tropical weather. Fall also is time for Florida employers to pay attention to the new 2018 Florida minimum wage. As of January 1, 2018, Florida’s minimum wage will rise from the current rate of $8.10 per hour to $8.25 per hour.
Under Florida Statute § 448.110 4(a) and (b), the Florida Department of Economic Opportunity must calculate Florida’s minimum wage based upon the increase, if any, in the Federal Consumer Price Index for Urban Earners and Clerical Workers in the southern region. Based upon this year’s calculation, Florida’s new minimum wage for 2018 is $8.25 per hour.
Employers of tipped employees, who meet eligibility requirements for the tip credit under the Fair Labor Standards Act, may count tips actually received as wages under the Florida minimum wage. 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 tip credit for Florida, $3.02, or a direct hourly wage of $5.23.
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Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP. Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims. You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.