January 24, 2021

Volume XI, Number 24

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Florida Voters Approve $15 Minimum Wage

Over the next six years, Florida’s minimum wage rate will increase gradually to $15 an hour.

On November 3, 2020, over 60 percent of Floridian voters approved Amendment 2, which increases the minimum wage and amends Florida’s Constitution.

Under the new mandate, Florida’s minimum wage rate (currently, $8.56) will increase to $10 an hour in September 2021. The minimum wage then will increase by $1 each year until it reaches $15 an hour in 2026. The minimum wage rate applies to all public and private sector employers, regardless of size or number of employees.

Employers must use the following hourly minimum wage schedule for non-tipped employees:

  • Through December 31, 2020 – $8.56

  • January 1, 2021 – $8.65

  • 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

Beginning on September 30, 2027, the minimum wage rate will be adjusted annually by the Florida Department of Economic Opportunity based on changes to the Consumer Price Index for Urban Wage Earners and Clerical Workers.

Amendment 2 does not change the allowable tip credit for tipped employees meeting the eligibility requirements under the Fair Labor Standards Act. Florida employers may continue to take a tip credit of up to $3.02 per hour for properly classified tipped employees. The minimum cash wage rate for eligible tipped employees will increase as follows:

  • Through December 31, 2020 – $5.54 per hour plus tips

  • January 1, 2021 – $5.63 per hour plus tips

  • September 30, 2021 – $6.98 per hour plus tips

  • September 30, 2022 – $7.98 per hour plus tips

  • September 30, 2023 – $8.98 per hour plus tips

  • September 30, 2024 – $9.98 per hour plus tips

  • September 30, 2025 – $10.98 per hour plus tips

  • September 30, 2026 – $11.98 per hour plus tips

Florida is only the eighth state in the country (and the first in the South) to raise its minimum wage to $15 an hour, joining California, Connecticut, Illinois, Maryland, Massachusetts, New Jersey, and New York. Florida is the first state to raise the minimum wage as high as $15 an hour by a citizens’ initiative ballot measure. Similar increases were introduced during the Florida legislative session in recent years, but the measure never passed.

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Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 311
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About this Author

Joanne Lambert, Jackson Lewis Law Firm, Employment Litigation Attorney
Principal

Joanne Braddock Lambert is a Principal in the Orlando, Florida, office of Jackson Lewis P.C. Her practice focuses on representing management in employment litigation before state and federal courts and administrative agencies, as well as counseling management regarding ongoing employment and labor matters.

Ms. Lambert is a frequent speaker on a variety of employment law topics and conducts compliance training for management on discrimination, harassment, and managing employee leaves of absence under the Family and Medical...

407-246-8447
Justin S. Swartz Employment Litigation Attorney Jackson Lewis Orlando, FL
Associate

Justin Swartz is an Associate with the Orlando, Florida office of Jackson Lewis P.C.  Mr. Swartz represents management in employment litigation before state and federal courts and administrative agencies throughout Florida.  Mr. Swartz helps human resource professionals and management teams find practical solutions for their workplace law challenges and is a frequent speaker on a variety of employment law topics.

Mr. Swartz works with clients to reduce risk and minimize legal costs by giving advice on workplace issues.  If litigation is unavoidable, he...

407-246-8440
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