… SET TO INCREASE TO $15.00 PER HOUR OVER NEXT SIX YEARS

On November 3, 2020, Florida voters passed Amendment 2, which provides for an increase of the Florida minimum wage to fifteen dollars ($15.00) per hour over the next six years. The Amendment, which modifies Article 10, Section 24 of the Florida Constitution, will increase the state’s minimum wage (currently $8.56 per hour) to ten dollars ($10.00) per hour on September 30, 2021, and then by an additional dollar each successive September 30 until 2026, when it will reach fifteen dollars ($15.00) per hour. Thereafter, adjustments will be made on a annual basis to account for inflation.

Employers can continue to take a tip credit of three dollars and two cents ($3.02) for employees who regularly earn tips as provided by the Fair Labor Standards Act (FLSA), meaning the tip credit wage will be six dollars and ninety eight cents ($6.98) per hour starting on September 30, 2021, and will increase by one dollar each successive year until 2026.

Florida Statute 448.110, which governs civil actions brought for unpaid minimum wages, will remain in place. Pursuant to this statute, employees must make a pre-suit demand prior to brining a civil action for unpaid minimum wages and provide employers fifteen (15) days to pay the sum requested and avoid additional penalties (i.e. liquidated damages, attorney’s fees) that are available in the context of a lawsuit.

While eligibility for the Florida minimum wage mirrors the FLSA’s coverage, employees may bring claims covering a longer period of time. Rather than the FLSA’s two year (three for willful violations) statute of limitations, the Florida Minimum Wage Amendment allows employees to seek recovery over a four year (five for willful violations) period.

If you require additional information regarding Florida’s minimum wage requirements, we are available to advise clients and litigate claims throughout the State of Florida.