Tom Appeals Blog

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"As long as I have any choice, I will stay only in a country where political liberty, toleration, and equality of all citizens before the law are the rule." - Albert Einstein


Posted: July 24, 2009 Filed under: Uncategorized

The federal minimum wage increases to $7.25 per hour today. Because the Florida minimum wage is currently $7.21 per hour, Florida minimum wage will also increase by four cents, to $7.25 per hour. Governing law requires that employers pay the higher of the minimum wage mandated by state law or federal law.

In 2004, Florida voters approved a state constitutional amendment (Art. X, Sec. 24, Fla. Const.) that increased the Florida minimum wage. Under the state constitution and implementing statutory law, the Florida Agency for Workforce Innovation must calculate a new minimum wage each year on September 30, based on the Consumer Price Index. If that calculation is higher than the federal rate, the state’s rate takes effect the following January.

The minimum wage is different for tipped employees. The current Florida rate of $4.19 per hour plus tips also increases today to $4.23 per hour as a result of the federal increase.

Employees who are not paid the required minimum wage may bring a civil lawsuit against their employer. Federal law also permits many employees to sue employers who fail to pay required overtime compensation. Because legal protections do not extend to all employees, one must verify whether minimum wage and overtime laws apply to their given jobs.

Admitted: Florida, Kansas, New Mexico (inactive)