Florida Minimum Wage Increases Again in 2012
On January 1, 2012, Florida's minimum wage increased to $7.67 per hour for all hours worked by covered nonexempt employees. The federal minimum wage, however, has not changed; it is currently $7.25 per hour. Nevertheless, most employers in Florida will be required to pay the higher minimum wage of $7.67 per hour because the law provides that in cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. For "tipped employees", meaning those employees who receive at least $30.00 in tips from customers per month, employers will now need to pay a direct hourly wage of $4.65, which is an increase from the previous $4.29 per hour.
Under federal law, hourly employees who work over 40 hours per work week are required to be paid one and one-half times the minimum wage of $7.67 per hour, or $15.34 per hour. Under Florida law, Section 448.01, an employee who works over 10 hours per day is entitled to an overtime premium regardless of whether or not he or she works over 40 hours in that work week.
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