Florida’s Minimum Wage Will Increase on September 30

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Benjamin S. Levine

August 13, 2024

Minimum Wage Increase
On November 3, 2020, Florida voters approved a State constitutional amendment to increase the State’s minimum wage by $1.00 each year on September 30 from 2021 to 2026.  See Fla. Const. Art. X, § 24(c).  The State’s minimum wage is currently $12.00 and will increase to $13.00 on September 30, 2024.  Resuming in 2027, the minimum wage will be adjusted annually for inflation.

No Retaliation
Employers may not retaliate against employees for exercising their rights to receive the minimum wage.  As set forth in the State of Florida Constitution, employees have the right to:

• File a complaint about an employer’s alleged noncompliance with lawful minimum wage requirements
• Inform any person about an employer’s alleged noncompliance with lawful minimum wage requirements
• Inform any person of their potential rights under Section 24, Article X of the Florida State Constitution and to assist the individual in asserting such rights

Fla. Const. Art. X, § 24(d).

Pre-suit notice requirement
After receiving notice of a failure to comply with the minimum wage law, an employer has 15 days to resolve any claims for unpaid wages.  After 15 days, an employee can bring a civil action to recover back wages plus damages and reasonable attorney’s fees and costs.

Penalties
Employers face a fine of $1,000 per violation if found liable for intentionally violating the minimum wage requirements.

The author of this article, Benjamin S. Levine, is a member of the Bars of Pennsylvania and New Jersey.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New Jersey, Florida, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.