Wage-and-hour claims are among the most common—and expensive—employment claims. Claims under the Fair Labor Standards Act (FLSA), for example, can lead to employees recovering not only unpaid minimum wages or overtime pay, but also double damages, attorney fees and costs. Because employees often file such lawsuits as class or collective actions, the potential liability can be substantial. Wage claims provide significant risk not only to businesses, but also to their owners and supervisors, who can be sued in their individual capacity for FLSA violations. Thus, it is imperative that employers properly compensate their workforce. To do so, employers must keep track of this ever-changing area of the law. This article addresses recent changes to Florida and federal wage-and-hour laws, and discusses changes expected in the year to come.

Recent Changes

  •  Tipped Employees

Effective Jan. 1, Florida’s minimum hourly wage increased to $8.46 from $8.25. Employers must pay at least this rate for all hours worked by Florida nonexempt employees. For Florida employers taking an eligible “tip credit,” the minimum direct hourly wage to tipped employees is now up to $5.44 from $5.23.