Florida Senate - 2012                                    SB 2106
       
       
       
       By the Committee on Commerce and Tourism
       
       
       
       
       577-03054-12                                          20122106__
    1                        A bill to be entitled                      
    2         An act relating to tipped employees; authorizing an
    3         employer to elect to guarantee that all tipped
    4         employees receive a wage, including tips, equal to a
    5         minimum percentage of the state minimum wage;
    6         requiring that the employer make the election in
    7         writing and prominently display it in the employer’s
    8         premises; requiring that the election remain in effect
    9         for a specified period of time until revoked by the
   10         employer; providing that the employer is subject to
   11         civil actions and fines if the employer fails to pay a
   12         tipped employee the wage guaranteed under the act or
   13         engages in any discriminatory or retaliatory action;
   14         providing that an employer that pays a tipped employee
   15         the wage guaranteed is deemed to have fulfilled the
   16         employer’s obligations with respect to payment of the
   17         state minimum wage; providing that the act does not
   18         affect the employer’s obligation to comply with the
   19         federal Fair Labor Standards Act; providing an
   20         effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Optional guaranteed wage for tipped employees.
   25  For tipped employees who meet eligibility requirements for the
   26  tip credit under the federal Fair Labor Standards Act, an
   27  employer may elect to guarantee that all such employees receive
   28  a wage, including tips, equal to at least 130 percent of the
   29  state minimum wage established pursuant to s. 448.110, Florida
   30  Statutes, rounded up to the next cent.
   31         (1) The employer shall make this election in writing. This
   32  written election must be dated and prominently displayed in a
   33  conspicuous, accessible place on the employer’s premises and
   34  must remain in effect for at least 1 year until revoked by the
   35  employer.
   36         (2) If an employer fails to pay a tipped employee the wage
   37  guaranteed under this section, or engages in any discriminatory
   38  or retaliatory action prohibited under s. 448.110, Florida
   39  Statutes, the employer is subject to the civil actions and fines
   40  provided for under s. 448.110, Florida Statutes.
   41         (3) An employer that pays a tipped employee the wage
   42  guaranteed under this section is deemed to have fulfilled the
   43  employer’s obligations with respect to payment of the state
   44  minimum wage. This section does not affect an employer’s
   45  obligation to comply with the requirements of the federal Fair
   46  Labor Standards Act.
   47         Section 2. This act shall take effect July 1, 2012.