Per an announcement on the Florida Agency for Workforce Innovation’s web site, the state minimum wage will increase, effective June 1, 2011, to $7.31 per hour. Under the Florida Minimum Wage Act (which applies to all workers covered by the FLSA), the Agency is required to adjust the Florida minimum wage pursuant to a calculation based on the percentage change in the federal Consumer Price Index for urban wage earners and clerical workers in the South Region. The tip credit under Florida law remains $3.02, thus the direct tip credit minimum wage for non-overtime hours has increased to $4.29.
This change highlights the common problem of subtle distinctions between the FLSA and state law. Florida employees covered by both statutes who are paid at the minimum wage (with or without a tip credit) must now receive six cents more per hour than minimum required by federal law, and receive overtime at time-and-one-half that rate, or $10.97.