On February 6, 2019, Florida’s newly constituted Supreme Court chose not to hear Miami Beach’s appeal of the Third District Court of Appeal’s decision striking down the City’s implementation of a higher minimum wage.
In 2016, Miami Beach approved an ordinance that called for the minimum wage to be set at $10.31 per hour in 2018, and to increase incrementally to $13.31 per hour. In response to various actions challenging the ordinance, several state courts issued decisions blocking it (on the grounds that the doctrine of preemption requires Florida’s minimum wage to be uniform throughout the state). In 2018, the Florida Supreme Court initially agreed to consider Miami Beach’s appeal and scheduled oral argument for March 6, 2019. However, the argument will not go forward. On February 6, 2019, the Florida Supreme Court elected to discharge jurisdiction over the matter, without ruling on the merits of the appeal. The Court’s decision to discharge jurisdiction effectively makes binding the Third District’s decision, and since it is the only DCA decision on the subject, it is binding on all trial courts throughout the state until such time as another DCA reaches a contrary conclusion. Municipalities should carefully consider this decision before taking any action purporting to address wages within their cities.
If you have any questions on this matter, please contact Brett J. Schneider, Esq. at bschneider@wsh-law.com or Brooke Ehrlich, Esq. at behrlich@wsh-law.com. For more information about our labor and employment practice, please see http://www.wsh-law.com/practices/labor-and-employment-law3/.
