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Florida's Minimum Wage Increasing on January 1, 2013

by Martin Salcedo, Esq. - The Human Equation on 10/24/2012
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Effective January 1, 2013, Florida’s minimum wage will be $7.79 per hour. This represents an increase of 12 cents over the 2012 minimum wage of $7.67 per hour. The minimum wage for tipped employees will increase by the same amount to $4.77 per hour.

Florida’s minimum wage is the result of a 2004 voter-approved amendment to the Florida Constitution, and it applies to all Florida employees who are covered by the federal minimum wage.

Every year, Florida’s minimum wage must be recalculated to consider the rate of inflation during the prior year, and according to the Florida Supreme Court, only upward adjustments are permitted.

The annual calculation, which must be completed by September 30th and posted by October 15th of each year, is based on the annual percentage change in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers for the South Region. The Florida Department of Economic Opportunity is responsible for calculating and posting the new minimum wage.

Employers are required to pay the federal minimum hourly wage or their state’s minimum hourly wage, whichever is higher. Since Florida’s 2013 minimum hourly wage is higher than the federal minimum hourly wage of $7.25, employers must follow Florida law.

The consequences for failing to pay the correct minimum hourly wage can be severe, so employers cannot forget to update their payroll information accordingly.

If you would like to learn more about wage and hour matters, please click here.

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