Florida recalculates minimum wage requirements each year and makes any changes for the next year known in the last few months of the year. The state has announced an effective minimum wage of $8.05 per hour for 2016. That rate will go into effect on Jan. 1.
The state minimum wage is higher than the federal minimum wage, so it becomes the legal requirement for employers in the state. Some exceptions do apply, specifically regarding workers in tipped industries. Tipped workers must be paid a minimum of $5.03 per hour plus their tips.
Workers in the state have a right to the minimum wage and they cannot be retaliated against by demanding such pay. Workers have the right to file a complaint if they are not receiving at least minimum wage. Workers should begin the process by informing their employer of the issue. If the discrepancy of pay is not resolved within 15 days, the worker can seek civil legal action.
In addition to making payments to the worker, employers are subject to fines associated with failure to pay the minimum wage. Most employers won’t deny workers the minimum wage outright, but errors in math or suspicious accounting could be used to pay workers less than the minimum wage. For example, an employer might pay a worker for 10 hours when 15 hours were worked. That could result in the worker receiving less than $8.05 per hour for all hours worked.
If you feel your right to at least the minimum wage is being infringed upon, you could have a legal case. If your employer has not corrected the wage issue, you might seek a solution through civil court.
Source: Florida Department of Economic Opportunity, “Notice to Employees,” accessed Nov. 18, 2015