
Florida workers must be paid the hourly state minimum wage by their employers for all hours worked. 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 FLSA. However, the employer must pay "tipped employees" a direct wage. As of Jan. 1. 2012, the Florida tipped minimum wage is $4.65.
Effective Jan. 1, 2012, the Florida minimum wage rests at $7.67 per hour. Employers are required to pay their workers the higher minimum wage, either federal or state.
A new Florida minimum wage is calculated every year and posted on Oct. 15. The annual calculation is based on the percentage change in the federal Consumer Price Index for urban wage earners and clerical workers in the South Region for the 12-month period prior to September 1, 2009.
Florida does not have state-specific laws regarding overtime; Florida employers must follow the overtime regulations set by federal wage and hour law.
For more information, view the Florida Department of Labor Website