Tag Archives: Florida

NEW LAW: Florida’s Minimum Wage to Increase January 1, 2019

Florida employers, mark your calendars: The Florida Department of Economic Opportunity recently announced that on January 1, 2019, Florida’s minimum wage will increase from $8.25 to $8.46 per hour. The minimum wage rate for tipped employees of large employers will also increase from $5.23 to $5.44 per hour.

It is recommended that all Florida employers prepare for these increases and download the revised minimum wage poster for 2019.  This poster is also available in Spanish and Kreyòl.

2018 MINIMUM WAGE CHECK-UP

With various cities and counties having enacted local minimum wages and 18 states (Alaska, Arizona, California, Colorado, Florida, Hawaii, Maine, Michigan, Minnesota, Montana, Missouri, New Jersey, New York*, Ohio, Rhode Island, South Dakota, Vermont, Washington) are increasing their own minimum wages on January 1st (December 31st for New York), employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective January 1, 2018.

employer PAYS $1.50/hr towards medical benefits$11.91

Federal $7.25
State City/County  Amount?
Alabama  $7.25
Alaska*  $9.84
Arizona* — all cities/counties except …  $10.50
Flagstaff* $11.00
Arkansas  $8.50
California* — all cities/counties except …                                  small employer (25 or less) $10.50
large employer (26 or more) $11.00
Berkeley  $13.75
Cupertino* $13.50
El Cerrito*  $13.60
Emeryville                                           small employer (55 or less) $14.00
large employer (56 or more) $15.20
Los Altos* $13.50
Los Angeles                                         small employer (25 or less) $10.50
large employer (26 or more) $12.00
Malibu                                                  small employer (25 or less) $10.50
large employer (26 or more) $12.00
Milpitas* $12.00
Mountain View* $15.00
Oakland $12.86
Palo Alto* $13.50
Pasadena                                             small employer (25 or less) $10.50
large employer (26 or more) $12.00
Richmond*                                             employer does NOT pay $1.50/hr towards medical benefits $13.41
employer PAYS $1.50/hr towards medical benefits $11.91
Sacramento*                                      small employer (100 or less) $10.50
large employer (101 or more) $11.00
San Diego $11.50
San Francisco $14.00
San Jose* $13.50
San Leandro $13.00
San Mateo*                                                 For-profit organizations $13.50
Non-profit organizations $12.00
Santa Clara* $13.00
Santa Monica                                       small employer (25 or less) $10.50
large employer (26 or more) $12.00
Sunnyvale* $15.00
Los Angeles County                            small employer (25 or less)

unincorporated areas                            large employer (26 or more)

$10.50

$12.00

Colorado* $10.20
Connecticut $10.10
Delaware $8.25
Florida* $8.25
Georgia $7.25
Hawaii* $10.10
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago $11.00
Cook County

(except for the Village of Barrington)

$10.00
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25
Maine* — all cities/counties except … $10.00
Portland $10.68
Maryland — all cities/counties except … $9.25
Montgomery County $11.50
Prince George’s County $11.50
Massachusetts $11.00
Michigan* $9.25
Minnesota* — all cities/counties except … “small employers” (employers with an annual sales volume of less than $500,000) $7.87
“large employers” (employers with an annual sales volume of $500,000+) $9.65
Minneapolis                                         large employer (101 or more) $10.00
Mississippi $7.25
Missouri $7.85
Montana* $8.30
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey* $8.60
New Mexico — all cities/counties except … $7.50
Albuquerque*                                             employer provides benefits $7.95
employer does NOT provide benefits $8.95
Las Cruces* $9.45
Santa Fe $11.09
Bernalillo County*unincorporated areas                                             employer provides benefits $7.85
employer does NOT provide benefits $8.85
Santa Fe County unincorporated areas $11.09
New York**  “Upstate” employers (excluding fast food employees) $10.40
“Downstate” employers (excluding fast food employees) $11.00
“Small” NYC employers (excluding fast food employees $12.00
Fast food employees outside NYC $11.75
“Large” NYC employers (excluding fast food employees) $13.00
Fast food employees inside NYC $13.50
North Carolina $7.25
North Dakota $7.25
Ohio* $8.30
Oklahoma $7.25
Oregon — all cities/counties except … $10.25
Portland $11.25
Nonurban Counties 

(Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa Wheeler counties)

$10.00
Pennsylvania $7.25
Rhode Island* $10.10
South Carolina $7.25
South Dakota* $8.85
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont* $10.50
Virginia $7.25
Washington* — all cities/counties except … $11.50
City of SeaTac* (hospitality and transportation workers) $15.64
Seattle* $14.00
small employer who does not pay towards medical benefits

(500 or less)

small employer who does pay towards medical benefits

(500 or less)

$11.50
large employer who does not pay towards medical benefits

(501 or more)

$15.00
large employer who does pay towards medical benefits

(501 or more)

$15.45
Tacoma* $12.00
Washington DC $12.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective January 1, 2018

** = increase in minimum wage effective December 31, 2017

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.

 

 

NEW LAW: Florida’s Minimum Wage to Increase January 1, 2018

Florida employers, mark your calendars: The Florida Department of Economic Opportunity recently announced that on January 1, 2018, Florida’s minimum wage will increase from $8.10 to $8.25 per hour. The minimum wage rate for tipped employees of large employers will also increase from $5.08 to $5.23 per hour.

It is recommended that all Florida employers prepare for these increases and download the revised minimum wage poster for 2018.  This poster is also available in Spanish and Kreyòl.

WAGE AND HOUR LAWS TO KEEP IN MIND IN THE AFTERMATH OF HURRICANE IRMA

In the aftermath of Hurricane Irma, employers in impacted areas in Florida are working to try to get their businesses back up and running as quickly as possible.  When engaging in these efforts, employers need to remember that there are certain legal protections for employees when faced by this type of natural disaster.

  • Wage and Hour Requirements
    • Exempt Employees: If the business closed for less than a full workweek and your exempt employees performed any work during that workweek, then under the Fair Labor Standards Act, employers are required to paid their exempt employees for the days that the business is closed (i.e. for the entire workweek).If, however, the business remains open and an exempt employee does not come into work, then the exempt employee does not have to be paid for the day.  Instead, it is treated as an absence for personal reasons.  But, if the exempt employee arrives late or leaves early, then he must be paid for the full day of work.

      Finally, if the exempt employee works from home in lieu of coming into work, then he must be paid for the entire workweek.

    • Non-Exempt Employees: Under the FLSA, employers are not required to pay non-exempt employees who do not report to work as the result of a natural disaster.The only exceptions to this rule are (1) if employees are paid under a fluctuating workweek or (2) if there is a collective bargaining agreement in place that requires payment under these circumstances.

      Finally, if a non-exempt employee works from home in lieu of coming into work, then he must be paid for all hours worked.

NEW POSTER: St. Petersberg, Florida Publishes New Wage Theft Notice

Earlier this summer, the City of St. Petersburg, Florida amended its wage theft ordinance.  Under this new amendment, employers in St. Petersburg are required to:

  • Provide all employees with a pay notice at the time of hire and
  • Display “in a location accessible to all employees” a poster about wage theft (the new Wage Theft Notice is available here).

The pay notice must contain the following information:

  • The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable;
  • Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances;
  • The regular payday designated by the employer;
  • The name of the employer, including any “doing business as” names used by the employer;
  • The physical address of the employer’s main office or principal place of business, and a mailing address, if different;
  • The employer’s telephone number; and
  • A template summary, available from the City, summarizing the protections and rights of employees under the ordinance.

The form for the Notice is available here.

In addition to providing employees notice of their pay at time of hire, employers are also required to notify employees of any changes to the information in the pay notice within seven (7) calendar days after the time of the changes.

Under the ordinance, an employee is defined as a “natural person who performs work within the geographic boundaries of the City while being employed by an employer . . .” including “a person who performs work that benefits an employer located within the City even though the employee may have performed work outside of the City.”  Bona fide independent contractors are excluded from the definition of employee.

The new requirements will not become effective until 90 days after a community based organization has been selected to facilitate the implementation of the amended ordinance.  As of yet, a community based organization has not yet been selected.  Regardless, the amended ordinance will go into effect in the near future; therefore St. Petersburg employers should start preparing for the changes now.

NEW LAW – Florida Passes Medical Marijuana Law

Last November, Florida voters approved an amendment to the Florida constitution legalizing the use of marijuana for medicinal purposes. (see Impact of Florida’s New Medical Marijuana Law on Employers)

Under this amendment, the Florida legislature had until July 3, 2017 to implement regulations that provide guidelines on the implementation of the state’s Constitutional Amendment regarding medical marijuana. Last week, Florida Governor Rick Scott signed Senate Bill 8-A, which addresses the medical use of marijuana in Florida.

The constitutional amendment legalized the use of medical marijuana for persons with specific “qualifying conditions” including cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, post-traumatic stress disorder, amyotrophic lateral sclerosis, Crohn’s disease, Parkinson’s disease, multiple sclerosis, chronic nonmalignant pain, and comparable medical conditions).

Under the new law, “medical use” does not include possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.  In addition, the only permissible use of medical marijuana is consumption as edibles, vaping, oils, sprays or tinctures. The smoking of medical marijuana is not permitted under the law.

In addition, the new law includes some employer-friendly provisions:

  • The term “medical use” does not include use at a qualified patient’s place of employment, except when such use is permitted by his or her employer.
  • The law does not limit the ability of an employer “to establish, continue, or enforce a drug-free workplace program or policy.”
  • Employers are not required to “accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana.”
  • Medical marijuana is not reimbursable under the Florida Workers’ Compensation Law.
  • The law “does not create a cause of action against an employer for wrongful discharge or discrimination.”

Recommendations for employers

It is recommended that Florida employers review their drug and alcohol policies to determine whether any revisions are required.

2016 Election Aftermath – New Marijuana Laws

Following the 2016 election, voters in seven states (Arkansas, California, Florida, Maine Massachusetts, Nevada, and North Dakota) approved ballot measures relating to the legalization of marijuana. Depending on the state, the use of marijuana for medicinal purposes or for recreational purposes is now (or soon will be legal). The question of all employers in the affected states: “What is the new law and how does this impact my drug policy?”

Medical Marijuana

Voters in Arkansas, Florida, and North Dakota approved laws that legalize the use of medical marijuana. With the passage of these laws, there are now 28 states (plus Washington DC) with medical marijuana laws.

Recreational Marijuana

Voters in California, Maine Massachusetts, and Nevada approved laws that legalize the use of marijuana for recreational. With the passage of these laws, there are now 8 states (plus Washington DC) with recreational marijuana laws.

While the use of marijuana for any purpose remains unlawful under federal law, these newly passed laws will impact employers in these states. The following articles detail each of the new marijuana laws and the impact on employers:

Minimum Wage Increases Announced for 5 States

In addition to those states mentioned in our previous article (“Minimum Wage Increases for 2017”), five more states have announced that minimum wage will be increasing in their states effective January 1, 2017.

The States

  • Florida — Minimum wage is increasing to $8.10 per hour and to $5.08 for tipped employees
  • Montana — Minimum wage is increasing to $8.15 per hour
    • Updated Minimum Wage Poster available here
  • Ohio — Minimum wage is increasing to $8.15 per hour for employers with more than $299,000 in gross annual revenue and to $4.08 for tipped employees
    •  Minimum wage for employers with less than $299,000 in gross annual revenue remains at $7.25
    • Updated Minimum Wage Poster available here
  • South Dakota — Minimum wage is increasing to $8.65 per hour and to $4.325 for tipped employees
    • Updated minimum wage poster is not yet available
  • Washington — Minimum wage is increasing to $9.53 per hour

Is your state contemplating the legalization of marijuana?

Presidential election aside, there is something else equally important to employers on certain electoral ballots. Eight states are contemplating legalizing marijuana either for medicinal purposes or for recreational purposes. Is your state one of the eight who are contemplating this change?

Medical Marijuana Laws

Currently 25 states and DC have laws legalizing the use of marijuana for medicinal purposes. On November 2, 2016, 3 more states will be subjecting their proposed medical marijuana laws to popular vote. Those states are: Arkansas, Florida, and North Dakota.

Should these laws pass, here is how they could impact employers:

  • Arkansas
    • Employers cannot deny a “qualifying patient” “any right or privilege, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for medical use of cannabis in accordance with [the law].”
    • Employers cannot discriminate against a “qualifying patient” “in hiring, termination, or any term or condition of employment, or otherwise penalize an individual, based upon the individual’s past or present status as a Qualifying Patient.”
    • Employers will not be required to
      • accommodate the use of marijuana in the workplace
      • permit an employee to work while under the influence of marijuana.
  • Florida
    • Employers will not be required to permit the use of marijuana in the workplace
  • North Dakota
    • Employers will not be required to permit the use of marijuana in the workplace

Recreational Marijuana

In addition, four states and the District of Columbia have legalized marijuana for recreational use. On November 2, 2016, 5 more states will be subjecting their proposed medical marijuana laws to popular vote. Those states are: Arizona, California, Maine, Massachusetts, and Nevada.

Should these laws pass, here is how they could impact employers:

  • Arizona
    • Employers will not be required to
      • Allow or accommodate the possession or use of marijuana in the workplace
      • Permit an employee to work while under the influence of marijuana.
    • Employers may still enact policies restricting the use of marijuana by employees
    • However, an employer cannot discipline an employee for an action solely because the employee tests positive for marijuana in a drug test
  • California
    • Employers will not be required to
      • Allow or accommodate the possession or use of marijuana in the workplace
      • Permit an employee to work while under the influence of marijuana.
    • Employers may still enact policies restricting the use of marijuana by employees and drug free workplace policies
  • Maine
    • Employers will not be required to
      • Allow or accommodate the possession or use of marijuana in the workplace
      • Permit an employee to work while under the influence of marijuana.
    • Employers may still enact policies restricting the use of marijuana by employees
    • However, employers cannot refuse to hire someone solely because that person used marijuana
  • Massachusetts
    • Employers will not be required to
      • Allow or accommodate the possession or use of marijuana in the workplace
      • Permit an employee to work while under the influence of marijuana.
    • Employers may still enact policies restricting the use of marijuana by employees
  • Nevada
    • Employers will not be required to
      • Allow or accommodate the possession or use of marijuana in the workplace
      • Permit an employee to work while under the influence of marijuana.
    • Employers may still enact policies restricting the use of marijuana by employees

Employers in these states should watch the election results carefully and be prepared to make some alterations to their drug policies to ensure they are compliant with any new laws that might be passed.

DOL Partnership regarding worker misclassification — 34 States and Counting

Thirty-five states have agreed to “team up” with the US Department of Labor to investigate worker misclassification. Is your state one of them?

In 2015, Department of Labor launched an initiative to combat the misclassification of employees as independent contractors. As a part of this initiative, the Department of Labor sought to partner with the state agencies and agree to share information and conduct joint investigations regarding independent contractor misclassification. To date, 35 states have entered into a memorandum of understanding regarding worker misclassification issues.

These states are:

  • Alabama
  • Alaska
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Florida
  • Hawaii
  • Idaho
  • Illinois
  • Iowa
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • New Hampshire
  • New Mexico
  • New York
  • North Carolina
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • Wisconsin
  • Wyoming

What does this mean for employers in these states?

Employers in the above-listed states should expect collaborative efforts between their state agencies and the Department of Labor during a investigation into potential employee misclassification as the state and the Department of Labor will share information. This could lead to simultaneous, multi-agency investigations into worker classification. It is recommended that companies have qualified legal counsel review any existing independent contractor arrangements. In addition, before entering into an independent contractor relationship, speak with an HR Professional or qualified legal counsel to verify that the worker truly is an independent contractor.