Another Ruling on Florida Minimum Wage for Non-Professional Attendant Care
JCC Castiello in Miami has ruled once again that notwithstanding the express language of §440.13(2)(b)1, Fla. Stat., non-professional attendant care should be compensated using the Florida minimum wage, not the federal minimum wage. See Devito v. The Martin Bower Co., decided on September 18. Judge Castiello previously reached the same conclusion in Tapia v. Prestressed Systems, Inc.
By the way, the Florida minimum wage is scheduled to increase to $7.21 per hour on January 1, 2009.
Tip of the hat to Randy Porcher for alerting me to this order. Randy tells me that although an appeal was taken from the order, the case subsequently settled, so there'll be no First DCA review of this issue yet.
