The Agency for Workforce Innovation announced on September 30, 2005, that Florida's minimum wage will be $6.40 per hour effective January 1, 2006 for all hours worked in Florida. This represents an increase of 25 cents over the current state minimum wage of $6.15 per hour. Florida's minimum wage was created in a constitutional amendment approved by voters on November 2, 2004, and covers all employees in the state covered by the federal minimum wage.

Employers must pay their employees a wage of not less than the amount of the hourly state minimum wage for all hours worked in Florida. The definitions of "employer," "employee," and "wage" for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA).

For "tipped employees" meeting eligibility requirements for the tip credit under the FLSA, employers may count tips actually received as wages under the FLSA, but the employer must pay "tipped employees" a direct wage in an amount equal to the minimum wage of $6.40 minus $3.02 (which, as required by Florida's Constitution, is the 2003 tip credit existing under the FLSA), or a direct hourly wage of $3.38 on January 1, 2006.

Employees who are not paid the minimum wage may bring a civil action in a court of competent jurisdiction against the employer or any person violating Florida's minimum wage law. The state attorney general may also bring an enforcement action to enforce the minimum wage. The FLSA rules also apply to failure to pay minimum wage.

To minimize the risks associated with failing to operate their businesses in accordance with both state and federal law, organizations need to train their managers on the FLSA and other employment laws.

Remember to update your employment law posters on January 1, 2006 to reflect the current change in the Florida minimum wage.