The minimum wage in Florida increased .05 per hour, effective January 1, 2017. The increase 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, 2016.
Restaurant and hotel employers that take a tip credit may still take a credit of up to $3.02 per hour against the new minimum wage, meaning tipped employees must receive direct wages of at least $5.08 per hour starting January 1.
The change in the minimum wage means employers will need to post a new state minimum wage poster by January 1. That’s in addition to the federal requirement to post a notice of the federal minimum wage. The state poster may be downloaded in English, Spanish, and Creole from the Florida Department of Economic Opportunity’s website at www.floridajobs.org.
The president-elect’s nomination of Andy Puzder for secretary of labor may very well be the nail in the coffin for the new overtime rules.
The overtime regulations, which would have required employers to pay overtime to all employees earning less than $913 per week (which amounts to $47,476 annually), were scheduled to take effect December 1.
A federal district court judge issued a temporary injunction with just days to spare, halting the rules’ implementation. The U.S. Department of Labor (DOL) appealed the injunction order to the 5th U.S. Circuit Court of Appeals, which agreed to fast-track its review. Still, the expedited schedule puts final briefings after the inauguration.
Once Donald Trump takes office, DOL probably will withdraw its appeal before the court makes a decision.
Sen. Bernie Sanders (I-VT) and 25 other members of Congress urged the 5th U.S. Circuit Court of Appeals to reverse a lower court’s injunction halting the rule. The lower court erred in enjoining the rule, they said in an amicus brief. It contradicted 5th Circuit precedent allowing for a salary threshold, the lawmakers argued.
The appeals court agreed to expedite DOL’s appeal and set a deadline of January 31, 2017, for final briefs. That still puts the court’s decision after the inauguration, making it possible for Trump’s DOL to withdraw the appeal.
Days before the lawmakers filed their brief, a group of labor organizations asked to join the suit to take over defending the rules if Trump’s DOL backs out. DOL itself has asked the lower court to hold off on making the injunction permanent until the 5th Circuit can review its appeal.
We will keep you posted as this story develops.