All employers, especially employers with multi-state operations, should be up-to-date with the developments in state wage and hour legislation.

Minimum wage increases are scheduled to take effect in 14 states for 2014, including New York and California. Currently the federal minimum wage is $7.25 per hour effective July 24, 2009. For 2014, 21 states and Washington, D.C. have minimum wages above the federal minimum wage, according to the National Conference of State Legislatures. All employers, especially employers with multi-state operations, should be up-to-date with the developments in state wage and hour legislation. It is important to note that these changes also affect overtime pay calculations, if applicable.

In addition, tied to the wage increases are state notice requirements. All states have specific laws related to the posting of minimum wage information; other states, such as New York, require employers to provide prior written notification of any changes to wage and overtime rates. Further, although a state may not require that employees be notified of a change in the minimum wage rate and overtime rate, it is a best practice for an employer to give written notice of such an increase.

Below is a summary of minimum wage increases for impacted states (excluding rate increases for tipped employees), along with state law notice requirements.

Arizona

The minimum wage is scheduled to increase from $7.80 to $7.90 per hour effective January 1, 2014. Since 2006, the rate has increased annually by a formula based on the Bureau of Labor Statistics, Department of Labor, Consumer Price Index of All Urban Consumers.

California

The minimum wage is scheduled to increase from $8 to $9 per hour effective July 1, 2014 and increase to $10 per hour effective January 1, 2016. Most employers are required to provide a written notice informing employees of any change in the wage information at least seven days before it takes effect, unless a new paystub is issued that carries the notice or a notice or other writing aside from the paystub is given.

Colorado

The minimum wage is scheduled to increase from $7.78 to $8 an hour per hour effective January 1, 2014. Effective January 1, 2007, in accordance with the Colorado Constitution, the Colorado minimum wage is adjusted annually for inflation as measured by the Consumer Price Index used for Colorado.

Connecticut

The minimum wage is scheduled to increase from $8.25 to $8.70, effective January 1, 2014, and to $9.00 per hour on January 1, 2015. In addition, whenever the federal minimum wage is increased, the Connecticut minimum wage rate automatically increases to 1/2 of 1 percent above the rate set in the Fair Labor Standards Act. Each employer is required to make available to employees, either in writing or through a posted notice maintained in a place accessible to employees, information regarding any wage change.

Florida

The minimum wage is scheduled to increase from $7.79 to $7.93 effective January 1, 2014. The wage rate is calculated annually based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1, 2013.

Missouri

The minimum wage is scheduled to increase from $7.35 to $7.50 effective January 1, 2014. Minimum wage may be increased or decreased by an increase or decrease in the cost of living based on the Consumer Price Index for Urban Wage Earners and Clerical Workers.

Montana

The minimum wage is scheduled to increase from $7.80 to $7.90 per hour effective January 1, 2014. The law requires a minimum wage adjustment annually based on changes in inflation as measured by the Consumer Price Index.

New Jersey

The minimum wage is scheduled to increase from $7.25 to $8.25 per hour effective January 1, 2014. Starting in 2014, the minimum wage will be automatically adjusted each September and increases implemented each January, based on inflation as determined by the Consumer Price Index.

New York

The minimum wage is scheduled to increase from $7.25 to $8.00 per hour effective December 31, 2013. The minimum wage is also scheduled to increase to $8.75 per hour on December 31, 2014, and to $9.00 on December 31, 2015. An employer must notify its employees in writing of any change in hourly and overtime rates at least a week before implementation unless the employer issues a new paystub carrying such notice.

Ohio

The minimum wage is scheduled to increase from $7.85 to $7.95 per hour effective January 1, 2014, applicable to employers with annual gross receipts of more than $292,000 per year. Employers who earn gross income under $292,000.00 shall pay their employees no less than the current federal minimum wage rate. Beginning in 2006, the minimum wage is automatically adjusted and increases implemented based on inflation as determined by the Consumer Price Index for Urban Wage Earners and Clerical Workers.

Oregon

The minimum wage is scheduled to increase from $8.95 to $9.10 per hour effective January 1, 2014. Beginning January 1, 2004, and annually thereafter, the rate is adjusted for inflation by a calculation using the U.S. City Average Consumer Price Index for All Urban Consumers for All Items.

Rhode Island

The minimum wage is scheduled to increase from $7.75 to $8.00 per hour effective January 1, 2014.

Vermont

The minimum wage is scheduled to increase from $8.60 to $8.73 per hour effective January 1, 2014. Beginning January 1, 2007, the minimum wage rate is automatically increased by five percent or the percentage increase of the Consumer Price Index, CPI-U, U.S. City Average, not seasonally adjusted or successor index.

Washington

The minimum wage is scheduled to increase from $9.19 to $9.32 per hour effective January 1, 2014. Beginning in 2000, the adjusted minimum wage rate is calculated using the federal Consumer Price Index for Urban Wage Earners and Clerical Workers.

What This Means for Employers

Employers that do not post updated minimum wage notices or provide required notices of changes in the wage rate, as specified by the state statutes, may be liable for penalties and fines in accordance with state laws.

For Further Information

If you have any questions about this Alert, please contact any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.