In response to a recent decision in Tallahassee, the Florida Agency for Workforce Innovation (AWI) announced that the Florida minimum wage will increase to $7.31 per hour, effective June 1, 2011.

Also effective on June 1, 2011, “tipped employees” in Florida who meet the eligibility requirements for the tip credit under the Fair Labor Standards Act (FLSA) must be paid a wage of at least $4.29 per hour. This amount is equal to the new Florida minimum wage of $7.31 per hour, less the $3.02 hourly tip credit permitted under Florida law, if the employee receives enough in tips to generate the credit.

AWI has issued a revised 2011 “Notice to Employees” poster that Florida employers are required to post as of June 1, 2011 in a conspicuous and accessible place where the employees are employed. The poster is now available for downloading in English and Spanish from the AWI’s webpage at: http://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices. The requirement to display the Florida poster is in addition to the federal requirement to display a notice of the federal minimum wage.

If you have any questions about the new state minimum wage, please contact your employment counsel at Smith, Gambrell & Russell, LLP.