ENROLLED

2008 LegislatureCS for CS for SB 854

2008854er

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An act relating to unemployment compensation; amending s.

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443.101, F.S.; redefining the term "temporary help firm"

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to include a labor pool; redefining the term "temporary

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employee" to include a day laborer who is employed by a

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labor pool; providing that a day laborer is disqualified

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for benefits following loss of employment with a labor

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pool; providing that the time of hire for a day laborer is

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upon acceptance of the first assignment with a labor pool;

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requiring the labor pool to provide written notice to the

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temporary employee regarding the availability of work and

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reassignment; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (10) of section 443.101, Florida

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Statutes, is amended to read:

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     443.101  Disqualification for benefits.--An individual shall

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be disqualified for benefits:

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     (10)  Subject to the requirements of this subsection, if the

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claim is made based on the loss of employment as a leased

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employee for an employee leasing company or as a temporary

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employee for a temporary help firm.

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     (a)  As used in this subsection, the term:

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     1.  "Temporary help firm" means a firm that hires its own

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employees and assigns them to clients to support or supplement

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the client's workforce in work situations such as employee

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absences, temporary skill shortages, seasonal workloads, and

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special assignments and projects, and includes a labor pool as

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defined in s. 448.22. The term also includes a firm created by an

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entity licensed under s. 125.012(6), which hires employees

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assigned by a union for the purpose of supplementing or

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supporting the workforce of the temporary help firm's clients.

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The term does not include employee leasing companies regulated

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under part XI of chapter 468.

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     2.  "Temporary employee" means an employee assigned to work

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for the clients of a temporary help firm. The term also includes

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a day laborer performing day labor, as defined in s. 448.22, who

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is employed by a labor pool as defined in s. 448.22.

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     3.  "Leased employee" means an employee assigned to work for

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the clients of an employee leasing company regulated under part

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XI of chapter 468.

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     (b)  A temporary or leased employee is deemed to have

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voluntarily quit employment and is disqualified for benefits

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under subparagraph (1)(a)1. if, upon conclusion of his or her

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latest assignment, the temporary or leased employee, without good

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cause, failed to contact the temporary help or employee-leasing

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firm for reassignment, if the employer advised the temporary or

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leased employee at the time of hire and that the leased employee

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is notified also at the time of separation that he or she must

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report for reassignment upon conclusion of each assignment,

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regardless of the duration of the assignment, and that

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unemployment benefits may be denied for failure to report. For

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purposes of this section, the time of hire for a day laborer is

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upon his or her acceptance of the first assignment following

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completion of an employment application with the labor pool. The

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labor pool as defined in s. 448.22(1) must provide notice to the

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temporary employee upon conclusion of the latest assignment that

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work is available the next business day and that the temporary

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employee must report for reassignment the next business day. The

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notice must be given by means of a notice printed on the

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paycheck, written notice included in the pay envelope, or other

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written notification at the conclusion of the current assignment.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.