eLaws of Florida

  SECTION 448.109. Notification of the state minimum wage.  


Latest version.
  • 1(1) 2As used in this section, the terms:
    9(a) 10“Employer,” “employee,” and “wage” have the meanings as established under the federal Fair Labor Standards Act and its implementing regulations.
    32(b) 33“Florida minimum wage” means the wage that an employer must, at a minimum, pay an employee pursuant to s. 24, Art. X of the State Constitution and implementing law.
    62(2) 63Each employer who must pay an employee the Florida minimum wage shall prominently display a poster substantially similar to the one made available pursuant to subsection (3) in a conspicuous and accessible place in each establishment where such employees are employed.
    104(3)(a) 105Each year the Department of Economic Opportunity shall, on or before December 1, create and make available to employers a poster in English and in Spanish which reads substantially as follows:

    136NOTICE TO EMPLOYEES

    139The Florida minimum wage is $ 145(amount) 146per hour, with a minimum wage of at least $ 156(amount) 157per hour for tipped employees, in addition to tips, for January 1, 169(year) , 170through December 31, 173(year) 174.

    175The rate of the minimum wage is recalculated yearly on September 30, based on the Consumer Price Index. Every year on January 1 the new Florida minimum wage takes effect.

    205An employer may not retaliate against an employee for exercising his or her right to receive the minimum wage. Rights protected by the State Constitution include the right to:

    2341. File a complaint about an employer’s alleged noncompliance with lawful minimum wage requirements.

    2482. Inform any person about an employer’s alleged noncompliance with lawful minimum wage requirements.

    2623. Inform any person of his or her potential rights under Section 24, Article X of the State Constitution and to assist him or her in asserting such rights.

    291An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney’s fees.

    342An employer found liable for intentionally violating minimum wage requirements is subject to a fine of $1,000 per violation, payable to the state.

    366The Attorney General or other official designated by the Legislature may bring a civil action to enforce the minimum wage.

    386For details see Section 24, Article X of the State Constitution.

    397(b) 398The poster must be at least 8.5 inches by 11 inches and in a format easily seen by employees. The text in the poster must be of a conspicuous size. The text in the first line must be larger than the text of any other line, and the text of the first sentence must be in bold type and larger than the text in the remaining lines.
History.-s. 1, ch. 2006-84; s. 398, ch. 2011-142.

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