The Florida Department of Economic Opportunity (“DEO”) has announced that the minimum wage in Florida will increase by 14 cents from $7.79 to $7.93 per hour on January 1, 2014.  The minimum wage for employees who earn tips will increase by 14 cents from $4.77 to $4.91 per hour. 

The DEO is required to publish the new state minimum wage on its website by October 15^th of each year (http://www.floridajobs.org), to be effective the following January 1^st.  The annual calculation is based on the percentage increase in the Consumer Price Index (“CPI”) for the South region.  However, Florida’s minimum wage will never decrease, even if the CPI goes down in a given year.

Employers of non-exempt hourly workers are advised to remain informed of any increase in Florida’s minimum wage, which can fluctuate annually and which can differ from the federal minimum wage.  A non-exempt hourly employee who is paid at least the current federal minimum wage of $7.25 per hour, but who is paid less than Florida’s minimum wage of $7.93 per hour (or $4.91 per hour for tipped employees), may bring a civil action against his or her employer for allegedly violating Florida’s minimum wage law.  Florida’s Attorney General may also bring an enforcement action to enforce the state’s minimum wage.

Florida’s minimum wage statute also requires employers to post a minimum wage notice in a conspicuous and accessible place in each establishment where employees work.  Florida’s posting requirement is in addition to the federal requirement to post a notice of the federal minimum wage.  Florida’s minimum wage post is available for downloading in English and Spanish from the DEO’s website at: http://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices.