Each year, the Florida Department of Economic Opportunity is required to recalculate Florida’s minimum wage.  Effective January 1, 2013, Florida’s minimum wage increased $0.12, from $7.67 to $7.79 per hour.

Employers of “tipped employees” who meet the eligibility requirements for the “tip credit” under the Fair Labor Standards Act may count a portion of an employee’s actual tips towards satisfying the minimum wage requirement.  Nevertheless, effective January 1, 2013, employers must pay “tipped employees” a direct wage equal to $4.77 per hour in order to take advantage of the “tip credit.”

Employers are required to post the Florida minimum wage notice in a conspicuous and accessible place in the workplace.  This poster is available in English and in Spanish from the Florida Department of Economic Opportunity’s website. The federally mandated wage and hour poster is available from the U.S. Department of Labor’s website.

We recommend that our clients (especially those with “tipped employees”) regularly evaluate their payroll practices to ensure they are complying with Florida’s minimum wage law.  Failing to pay the required minimum wage can result in significant back pay obligations, penalties and attorneys’ fees

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