April 24, 2014

Florida Minimum Wage To Increase Tomorrow

Florida’s minimum wage increases tomorrow to $7.31 per hour -- a 6 cent increase. The minimum wage for tipped workers also goes up 6 cents, to $4.29 per hour. These increases are the result of a recent circuit court decision in Leon County ruling that the state’s method of calculating minimum wage was incorrect under the Florida Constitution.

The Florida Constitution and the Florida Minimum Wage Act require the state to annually “calculate an adjusted state Minimum Wage rate by increasing the state Minimum Wage by the rate of inflation for the twelve months prior to each September 1st using the consumer price index (CPI) for urban wage earners and clerical workers….” Neither the Constitution nor the Act specifically addresses deflation in the computation of the minimum wage. Yet, due to a slight cost of living decrease during the 12-month period preceding September 1, 2009, the state lowered the state minimum wage rate in 2010 from $7.21 to $7.06, dropping it below the federal minimum wage. Then, in determining the 2011 rate, the state calculated an increase to $7.16 (still below the federal rate) based on a 1.4 percent cost of living increase during the 12-month period preceding September 1, 2010.

The court found that the state’s method for calculating the state minimum wage rate was incorrect because, based on the constitutional language, the minimum wage cannot be decreased. Soon after the ruling, a Florida Senate bill intended to amend the Act consistent with the state’s approach was withdrawn from consideration.

When the federal and Florida minimum wage rates differ, Florida employers are required to pay the higher rate. Tomorrow’s increase raises the Florida minimum wage above the $7.25 federal minimum wage rate. Thus, employers currently paying federal minimum wage to eligible workers in Florida must adjust their pay practices accordingly. 

©2014 Greenberg Traurig, LLP. All rights reserved.

About the Author


Jay P. Lechner is a board certified labor and employment lawyer, specializing in the defense of discrimination, whistleblower, harassment, and wage and hour cases, as well as restrictive covenants, retaliation, related state tort and contract issues, and other types of employment litigation.


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other pro