In a Daily Business Review article published on February 28, 2019, Alicia Koepke provides insight on both the recent and anticipated changes to wage-and-hour laws locally in Florida, as well as nationally, that are important for employers to take note of – especially given that wage-and-hour claims are among the most common and expensive employment claims.
Recent changes made to wage-and-hour law that employers should keep in mind include:
- Florida’s minimum wage increased from $8.25 to $8.46 on January 1. For Florida employers taking an eligible tip credit, the minimum direct hourly wage to tipped employees increased from $5.23 to $5.44.
- Employers cannot retain employees’ tips after Congress amended the Fair Labor Standards Act (FLSA) in March 2018.
- In November 2018, the Department of Labor (DOL) largely eliminated its 80/20 Rule, which prohibited employers from taking tip credit for time spent by tipped employees on nontip-producing work if the employees spent more than 20 percent of their time on such work.
In addition to the DOL’s plan to issue a new proposed Overtime Rule, which would govern the minimum salary required for most employees to be exempt from overtime pay under FLSA exemptions, other projected changes at the federal level employers should keep track of this year include the DOL refining its position on joint employment as well as clarifying its “regular rate” of pay regulations – both of which are expected to have significant implications on wage-and-hour requirements.
“Given the ever-changing legal landscape, and the fact that federal, state and local law may impose additional or different obligations, employers with questions about their wage-and-hour obligations should consult with counsel to ensure they meet applicable legal requirements.”
For the full article, please click here.
