Ogletree Deakins • May 16, 2019
The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination and harassment, sexual misconduct reporting in health care, local regulation of employment conditions, minimum wage, vaping, paid leave, internship tax credits, restraints of trade or commerce (noncompete agreements), drug-free workplaces, and unemployment compensation claims. Although only two of these bills survived, many of the bills that did not pass could resurface and impact employers in the near future. The next legislative session convenes in Tallahassee, Florida on January 14, 2020.
FordHarrison LLP • March 10, 2019
In January 2019, Florida Senator Marco Rubio introduced the “Freedom to Compete Act” (the “Act”), which would limit an employer’s ability to enter into non-competition agreements with certain entry-level, low-wage employees. Additionally, the Act seeks to amend the Fair Labor Standards Act (FLSA) to void existing non-compete agreements — and outlaw any new non-compete agreements — between employers and employees classified as “non-exempt” under the FLSA. Employers who violate provisions of the Act “shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section.”
Jackson Lewis P.C. • February 08, 2019
A 2016 Miami ordinance, intended to increase the City’s minimum wage to more than $13.00 an hour by 2021, remains invalid after the state’s highest court denied review of a lower appellate court decision.
Fisher Phillips • February 05, 2019
The Florida Supreme Court on Tuesday blocked a Miami Beach law that would have raised the minimum wage in the city. This ends a lengthy legal battle over whether cities could set their own minimum wages that do not correspond with what has been set by the Florida Constitution.
FordHarrison LLP • December 05, 2018
Effective January 1, 2019, Florida's minimum wage rate will increase from $8.25 per hour to $8.46 per hour. The increase is calculated by the Florida Department of Economic Opportunity and is based on the percentage increase in the Consumer Price Index for the South Region.
Ogletree Deakins • October 22, 2018
The Florida Minimum Wage Act, which applies to all employees in Florida covered by the federal minimum wage, requires the state’s Department of Economic Opportunity to calculate a new minimum wage rate each year on September 30. The wage rate is based on the percentage increase in the federal Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1.
Ogletree Deakins • December 26, 2017
On December 13, 2017, a Florida district court of appeal held that Miami Beach violated Florida law by enacting a local ordinance increasing the minimum wage. According to the court, Florida law prohibits municipalities from setting a minimum wage higher than the state minimum wage.
Phelps Dunbar LLP • December 21, 2017
Florida’s Third District Court of Appeal has affirmed a trial court’s decision blocking a minimum wage increase proposed by the city of Miami Beach. In its ruling, the appellate court agreed with the trial court’s determination that a 2003 Florida state statute prohibited municipalities, such as Miami Beach, from adopting their own wage floors.
Phelps Dunbar LLP • October 24, 2017
Effective January 1, 2018, the minimum wage in the State of Florida will increase to $8.25 per hour, a 15 cent increase from the 2017 rate. Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year. The annual calculation is based on the percentage increase 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, 2017. Although Florida has raised the state minimum wage, the federal minimum wage most likely will remain at $7.25 for an undetermined period.
Ogletree Deakins • October 19, 2017
Florida voters approved a constitutional amendment that created Florida’s minimum wage in November of 2004. The minimum wage applies to all employees in the state covered by the federal minimum wage. Florida law requires a new minimum wage calculation each year on September 30, based on the percentage increase in the Consumer Price Index (CPI) in the South Region for the 12-month period prior to September 1. If that calculation is higher than the federal rate, the state’s rate takes effect the following January.