SLF LABOR AND EMPLOYMENT ALERT October 2007
Florida Minimum Wage to Increase on January 1, 2008
The Florida Agency for Workforce Innovation has announced that the minimum wage in the State of Florida will increase to $6.79 per hour effective January 1, 2008 for all hours worked by employees in Florida. Employers must also pay a direct hourly wage of $3.77 as of January 1, 2008, for “tipped employees” who meet the eligibility requirements for the tip credit as defined by the Federal Fair Labor Standards Act.
Each employer who is required to pay the Florida minimum wage must also ensure that it displays a current poster advising employees of the new minimum wage rate. This poster may be obtained from the Agency’s website at www.floridajobs.org.
Florida employers required to pay both the Federal and State minimum wage must display posters for both the State minimum wage law and the Fair Labor Standards Act (“FLSA”). A poster setting forth the FLSA’s requirements may be obtained at the U.S. Department of Labor’s website at www.dol.gov/esa/regs/compliance/posters/flsa.htm.
Healthy Workforce Act of 2007 Makes its Way Through Congress
The Healthy Workforce Act of 2007, Senate Bill 1753, continues to makes its way through the U.S. Congress. This bill would amend the Internal Revenue Code to allow employers a 50% tax credit for the costs of providing employees with a qualified wellness program. The bill defines “qualified wellness program” as a program that is certified by the U.S. Secretary of Health and Human Services and that consists of a health awareness and education component, a behavioral change component and a supportive environment component. The tax credit would expire after 2017. The bill has not yet been passed; however, employers are encouraged to keep an eye on whether it becomes law. Updates on the status of the bill will be contained in future editions of the SLF Labor and Employment Alert.
Taking Steps to Ensure Compliance with FMLA Recordkeeping Requirements
Each year, employers should review and audit whether the recordkeeping requirements of all State and Federal employment laws are current and up-to-date. One Federal law that establishes certain recordkeeping requirements is the Family and Medical Leave Act (“FMLA”). Employers covered by the FMLA are required to maintain basic payroll and identifying employee data. Some of the data required to be kept includes the name, address, occupation, rate of pay and terms of compensation, additions to or deductions from wages, and total compensation paid to all employees. Additional FMLA recordkeeping requirements are listed in the U.S. Department of Labor’s (DOL) regulations. Notably, employers are required to keep these records for FMLA purposes regardless of whether the employer actually has an employee who is on FMLA leave. Employers are encouraged to review the DOL’s rules regarding recordkeeping, which may be found on the DOL’s website at www.dol.gov.
Slade V. Dukes Joins Sniffen Law Firm
Sniffen Law Firm is pleased to announce that Slade V. Dukes has joined the Firm. Mr. Dukes will focus his practice in the areas of labor and employment law, administrative law, commercial litigation, and elections law. Mr. Dukes received his A.A. from Santa Fe Community College. He received both his B.A. and M.A. in Political Science from the University of Florida, where he also received a Certificate of Concentration in Political Campaigning. He received his J.D. from Stetson University College of Law, where he also received a Certificate of Concentration in Advocacy.
Past Issues of SLF Labor and Employment Alert Posted on Website
You may view past issues of the SLF Labor and Employment Alert on the Firm’s website: www.sniffenlaw.com. After entering the Firm’s website, click on the “Publications” page.
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