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The Third District Court of Appeals Declares Miami Beach Ordinance Invalid


Fisher Phillips attorneys represented the Florida Retail Federation, Inc. in its case against Miami Beach’s minimum wage ordinance. The District Court of Appeals sided with the Federation, and other appellees: the Florida Chamber of Commerce and the Florida Restaurant and Lodging Association. The business groups had challenged the Miami Beach ordinance after it was adopted in 2016. 

The business organizations argued that the Miami Beach minimum wage increase was counter to existing Florida wage law. In 2003, the Florida Legislature required a single statewide standard for minimum wage. The next year, voters approved a constitutional amendment that increased the state’s minimum wage above the federal level. Miami Beach tried to hike its minimum wage to $13.31 per hour by 2021 for all businesses within the city's boundaries, The city claimed that the constitutional amendment gave the city that authority.  

The Third District Court of Appeals ruled that the 2004 constitutional amendment did not conflict with the ability of the state to set the minimum wage. Thus the Court declared the Miami Beach ordinance invalid. 

This is a victory for Florida businesses who now can continue to operate with a statewide minimum wage. 

The Fisher Phillips attorneys who worked on this matter were Charles S. Caulkins, James C. Polkinghorn, and Candice Pinares-Baez, all from Fort Lauderdale.

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