FAQTEXT-Minimum Wage

What is the minimum wage?

The federal minimum wage for covered nonexempt employees is $5.15 an hour. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). Many states also have minimum wage laws. Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to higher of the two minimum wages. Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners.

In Florida, our constitution provides for the payment of minimum wage. On November 2, 2004, Florida voters have approved an amendment to the state Constitution that provides for a state minimum wage. This amendment creates a Florida minimum wage covering all employees in the state covered by the federal minimum wage. The law went into effect May 2, 2005, setting the minimum wage initially at $6.15 per hour. The wage would then be reevaluated annually based on the rate of inflation. It provides for enforcement, including double damages for unpaid wages, attorney's fees, and fines by the state of $1,000 for each violation. It forbids retaliation against employees for exercising this right. Should an employer retaliate against an employee who complains of not receiving the new minimum wage by terminating that employee, the court can order the employee to be reinstated and award the employee damages. Florida's new minimum wage law has stiff penalties that should encourage employers to comply.

Is Everyone owed at least minimum wage?

No. Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners. Most everyone else is owed at least minimum wage unless specifically exempt from the minimum wage law under the F.L.S.A.

What is the minimum wage for workers who receive tips?

Under Federal law, an employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference. Some states have minimum wage laws specific to tipped employees. When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions of each law which provide the greater benefits.

In Florida, an employer of a tipped employee is required to pay $3.38 an hour in direct wages. Specifically, for “tipped employees” meeting eligibility requirements for the tip credit under the FLSA, employers may count tips actually received as wages under the FLSA, but the employer must pay “tipped employees” a direct wage in an amount equal to the minimum wage of $6.40 minus $3.02 (which, as required by Florida’s Constitution, is the 2003 tip credit existing under the FLSA), or a direct hourly wage of $3.38 as of January 1, 2006.

Must young workers be paid the minimum wage under Federal law?

Under Federal law, a minimum wage of $4.25 per hour applies to young workers under the age of 20 during their first 90 consecutive calendar days of employment with an employer, as long as their work does not displace other workers. After 90 consecutive days of employment or the employee reaches 20 years of age, whichever comes first, the employee must receive a minimum wage of $5.15 per hour.

Other programs that allow for payment of less than the full federal minimum wage apply to workers with disabilities, full-time students, and student-learners employed pursuant to sub-minimum wage certificates. These programs are not limited to the employment of young workers.

What minimum wage exceptions apply to full-time students?

The Full-time Student Program is for full-time students employed in retail or service stores, agriculture, or colleges and universities. The employer that hires students can obtain a certificate from the Department of Labor which allows the student to be paid not less than 85% of the minimum wage. The certificate also limits the hours that the student may work to 8 hours in a day and no more than 20 hours a week when school is in session and 40 hours when school is out, and requires the employer to follow all child labor laws. Once students graduate or leave school for good, they must be paid the current minimum wage.

What minimum wage exceptions apply to student learners?

This program is for high school students at least 16 years old who are enrolled in vocational education (shop courses). The employer that hires the student can obtain a certificate from the Department of Labor which allows the student to be paid not less than 75% of the minimum wage, for as long as the student is enrolled in the vocational education program.