Setnor Byer Insurance & Risk
On January 1, 2021, Florida’s minimum wage will increase nine cents to $8.65 per hour. The minimum wage for tipped employees, which must be paid in addition to tips, is also increasing nine cents to $5.63 per hour. Florida’s minimum wage is adjusted annually for inflation. It has gone up $2.50 since 2005. Download Florida’s 2021 Minimum Wage Poster.
Florida’s Minimum Wage Act applies to those employees entitled to receive the federal minimum wage under the Fair Labor Standards Act. Employers must pay no less than the federal minimum wage or their state’s minimum wage, whichever is higher. Florida’s minimum wage in 2021 will remain higher than the current federal minimum hourly wage of $7.25.
Florida employers must make employees aware of their rights by prominently displaying a minimum wage poster in a conspicuous and accessible place wherever minimum wage employees are employed. Employees can sue for violations of Florida’s Minimum Wage Act, but they must first provide their employers written notice of their intent to sue, which must:
- identify the minimum hourly wage to which the employee claims entitlement;
- provide the actual or estimated work dates and hours for which payment is sought; and
- state the total amount of alleged unpaid wages.
Employers then have 15 calendar days to pay all unpaid wages or resolve the claim to the employee’s satisfaction. Otherwise, the employee may file a lawsuit. The Florida Attorney General can also bring a civil action against employers. Each willful violation can result in a $1,000 fine.
To reduce the likelihood of costly mistakes, employers should provide wage and hour training to managers and supervisors. Employers should also carry Employment Practices Liability Insurance with limited coverage for wage and hour claims. Contact us to learn more about protecting your business with Employment Practices Liability Insurance.