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The Florida Minimum Wage Act (FMWA) allows a private cause of action against an employer for state-regulated minimum wage and functions analogously to the federal Fair Labor Standards Act ("FLSA"). This Act is cofiied in Section 448.110 of the Florida Statutes and currently sets Florida’s minimum wage at $7.67 per hour.
The federal minimum wage is currently $7.25 per hour. As defined by the FLSA, an employer includes "any person acting directly or indirectly in the interest of an employer in relation to an employee . . . ." 29 U.S.C. § 203(d).
An officer of a corporation is deemed an "employer" within the meaning of the FLSA and is personally liable under the FMWA if the officer was either “involved in the day-to-day operation" or had “some direct responsibility for the supervision of the employee." Patel v. Wargo, 803 F.2d 632, 638 (11th Cir. 1986).
On October 15, 2018, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2019, the minimum wage in the State of Florida will increase by $0.21 from $8.25 per hour to $8.46. This increase is tied to the DEO’s obligation under Florida law to readjust the state’s minimum wage rate annually based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region. Thus, while the federal minimum wage will likely remain at $7.25 per hour for an undetermined period, Florida employers will be required to pay their non-exempt employees no less than the increased hourly state minimum wage in 2019 for all hours worked. This increased wage rate will also affect the calculation of the overtime compensation and minimum wage an employee in Florida is due.
If you have questions or concerns regarding Non-Compete Agreements, Contract Reviews, Workplace Retaliation, Discrimination, Overtime Pay Disputes, and other Labor and Employment Law issues or disputes, please contact Orlando Attorney - Lawyer N. James Turner.
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