Effective as of January 1, 2012, the minimum wage for Florida employees increased from $7.31 to $7.67 per hour.

Previously, on June 1, 2011, the Florida Minimum Wage had increased to $7.31 per hour, which was higher than the Federal minimum Wage rate, so Florida employers were then required to increase the minimum wage rate to $7.31 per hour. Prior to that, on July 24, 2009, when the Federal Minimum Wage rate increased to $7.25 per hour, since it was higher than the Florida Minimum Wage rate, the Federal Rate prevailed, and prior to that, on January 1, 2009, Florida's minimum wage was $7.21 per hour. This had increased in Florida from the $6.79 per hour minimum wage in 2008.

Minimum Wage Laws in Florida are provided for in its Constitution and in Florida Statutes. See Article X, Section 24 of the Constitution of the State of Florida and Florida Statutes §448.110.

On November 2, 2004, Florida voters approved a constitutional amendment which created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. Florida law requires the Agency for Worforce Innovation to calculate a new minimum wage each year and to publish the new minimum wage on January 1.

In deciding whether the federal or state minimum wage applies, federal law directs that businesses must pay the higher of the two. Prior to July 24, 2009, the Florida minimum wage prevailed over the federal rate until the federal minimum wage became higher than the state rate. The federal minimum wage increased to $7.25 on July 24, 2009. On this date, Florida employers were were required to increase the minimum wage from $7.21 to $7.25.  However, on June 1, 2011, the Florida Minimum Wage increased to $7.31 per hour, which was higher than the Federal Minimum Wage rate, so Florida employers were then required to increase the minimum wage rate to $7.31 per hour. Similarly, on January 1, 2012, the Florida Minimum Wage increased to $7.67 per hour, which is higher than the Federal Minimum Wage rate, so Florida employers are required to increase the minimum wage rate to $7.67 per hour

Employers must pay their employees the hourly state minimum wage for all hours worked in Florida.  The definitions of "employer", "employee", and "wage" for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA).  Employers of "tipped employees" who meet eligibility requirements for the tip credit under the FLSA, may count tips actually received as wages under the Florida minimum wage.  However, the employer must pay "tipped employees" a direct wage.  The direct wage is calculated as equal to the minimum wage ($7.67) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.65 as of January 1, 2012.

Employees who are not paid the minimum wage may bring a civil action against the employer or any person violating Florida's minimum wage law.  The state attorney general may also bring an enforcement action to enforce the minimum wage.  FLSA information and compliance assistance can be found at: http://www.dol.gov/dol/compliance/comp-flsa.htm.

Florida Statutes require employers who must pay their employees the Florida minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where these employees work.  This poster requirement is in addition to the federal requirement to post a notice of the federal minimum wage.  Florida's minimum wage poster is available for downloading in English and Spanish from the Agency for Workforce Innovation's website. The following is an English Version of the Poster:  Florida's minimum Wage Poster. 

The federal poster can be downloaded from the U.S. Department of Labor's website at: http://www.dol.gov/whd/regs/compliance/posters/flsa.htm.