Miami Beach Takes Wage Mandate To State Supreme Court
Following two lower court defeats, the City of Miami Beach announced it will continue efforts to force government wage mandates on job creators by taking its case to the Florida Supreme Court. In December 2016, the City of Miami Beach passed a government mandated wage increase to $10.31 per hour starting January 1, 2018, and increasing by $1.00 per year until it reaches $13.31 in 2021. The Florida Chamber of Commerce and coalition partners successfully argued that the ordinance disregarded a Florida statute that established the State of Florida to determine one consistent minimum wage for the entire state.
“TALLAHASSEE (CBSMiami/NSF) – Miami Beach wants the Florida Supreme Court to take up a battle about whether the city can move forward with a local minimum wage.
The city has filed a notice that it is appealing a December 13th decision by the 3rd District Court of Appeal that struck down the local minimum wage, which was approved in 2016 and was slated to take effect in 2018.”
2018 Jobs Agenda
Preventing employment regulations and mandates will help keep Florida’s business climate competitive, and is a priority on the Florida Chamber’s 2018 Jobs Agenda. Year after year the Florida Chamber has been at the forefront of solving issues that impact the competitiveness and future of Florida’s business climate. We will continue protecting the employment decisions of job creators and will oppose any new mandates that are detrimental to the employer-employee relationship.
Appeals Court Strikes Down Miami Beach Minimum Wage
On December 13, the Third District Court of Appeals sided with the Florida Chamber of Commerce and struck down Miami Beach’s minimum wage ordinance. The Florida Chamber of Commerce, along with the Florida Retail Federation and the Florida Restaurant and Lodging Association, challenged the Miami Beach ordinance soon after it was adopted in 2016.
The Miami Beach minimum wage increase attempted to usurp existing Florida wage law. The Florida Legislature in 2003 preempted minimum wage, requiring a single statewide standard. In 2004, voters approved a constitutional amendment that increased Florida’s minimum wage above the federal level. Miami Beach had attempted to mandate an increased minimum wage of $13.31 per hour by 2021 for all businesses within the city’s boundaries, citing the constitutional amendment as giving them the authority.
However, the Third District Court of Appeals ruled that the 2004 constitutional amendment did not conflict with the ability of the state to preempt minimum wage, declaring the Miami Beach ordinance invalid.
This is a victory for Florida’s business community, and serves as a proof point to other local governments that a patchwork of mandated wage regulations are against the law. Instead, the statewide minimum wage remains in effect.
The Florida Chamber encourages job creators to remain watchful of this issue. It is likely that Miami Beach will appeal this ruling to the Florida Supreme Court.
Free Markets, Not Government Mandates, Will Improve Lives of Floridians
In order to create sustainable wages, communities should invest in removing barriers and making it easier to empower entrepreneurs to grow the economic base — produce more and pay more based on markets and consumers needs. Learn more by reading the Florida Chamber Foundation’s Less Poverty, More Prosperity: Florida Fiscal Cliffs Report.
The Florida Chamber’s Bottom Line Featuring Ted Granger
United Way of Florida President Ted Granger Discusses Poverty, Prosperity and Minimum Wage on the Latest Edition of The Florida Chamber’s Bottom Line
Economic prosperity is the topic of discussion on the latest edition of The Florida Chamber’s Bottom Line.
United Way of Florida President Ted Granger explains that businesses and chambers of commerce are already active in their communities and helping those in need.
And he says that there are opportunities for system changes to help Florida families become more financially secure but raising the minimum wage isn’t one of them.
“[A raise in minimum wage] is not going to solve the problem at all. If you look at the ALICE (Asset Limited, Income Constrained, Employed) Report, the difference between what folks are making and the actual cost of living would require a minimum wage that is so much, it would drive our businesses out of business,” said Granger. “The real issues are systems issues…How can we, creatively, address some of the transportation issues, which is almost always the No.1 issue for the ALICE group, to help them to continue to succeed and work?”
The Florida Chamber believes in a robust free enterprise system, and Florida is on the path to prosperity with record private-sector job creation and its focus on creating high-wage jobs.
The Florida prosperity project will be featured at the Future of Florida Forum. Join us on September 29 – October 1 in Orlando to discuss this and other topics focused on moving Florida forward…faster. The ALICE Report is expected to be released in November.
The Florida Chamber’s Bottom Line is a web-based program featuring key figures from Florida’s corridors of power. Hosting the conversation with Ted Granger is Florida Chamber Foundation Executive Vice President Tony Carvajal.