Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 926
       
       
       
       
       
       
                                Ì241760ÇÎ241760                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senators Soto and Diaz de la Portilla moved the following:
       
    1         Senate Amendment to Substitute Amendment (275158) (with
    2  title amendment)
    3  
    4         Delete lines 6 - 73
    5  and insert:
    6         Section 1. Section 448.111, Florida Statutes, is created to
    7  read:
    8         448.111 Local regulation of wage theft.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Legal services organization” means an organization
   11  that provides free or low-cost legal services to qualified
   12  persons and meets the minimum standards established by The
   13  Florida Bar for providing such services, including a legal
   14  practice clinic operated by an accredited Florida law school.
   15         (b) “Wage theft” means an illegal or improper underpayment
   16  or nonpayment of an individual employee’s wage, salary,
   17  commission, or other similar form of compensation within a
   18  reasonable time after the date on which the employee performed
   19  the work to be compensated. A wage theft occurs when an employer
   20  fails to pay a portion of the wages, salary, commissions, or
   21  other similar forms of compensation due to an employee within a
   22  reasonable time after the date on which the employee performed
   23  the work, according to the current applicable rate and the pay
   24  schedule of the employer established by policy or practice.
   25         (2) LOCAL ORDINANCES.—Upon the determination by a county
   26  that a local solution to wage theft is necessary, the county
   27  shall adopt a local ordinance that includes one of the following
   28  processes:
   29         (a) Legal services organization process.—The county may
   30  partner with a local legal services organization for the purpose
   31  of establishing a local process through which claims of wage
   32  theft shall be addressed by the legal services organization. The
   33  county may partner with a legal services organization located in
   34  that county or in an adjoining county.
   35         1. An individual who has experienced wage theft may contact
   36  the legal services organization for assistance in recovering
   37  wages. The legal services organization shall determine whether
   38  the individual has a bona fide claim for unpaid wages.
   39         2. The legal services organization shall notify the
   40  employer and provide the employer with an opportunity to resolve
   41  the matter of unpaid wages in the manner deemed most appropriate
   42  to each claim. The notification may occur by telephone, written
   43  correspondence, or any other means deemed appropriate by the
   44  legal services organization.
   45         3. The legal services organization shall work with the
   46  employee and employer to resolve the issue informally but
   47  expeditiously. The informal resolution may include obtaining
   48  attorney fees and costs from the employer.
   49         4. The legal services organization shall file court actions
   50  as appropriate and refer unresolved claims to local pro bono or
   51  other counsel for resolution.
   52         5. The county shall establish a reporting mechanism through
   53  which the county receives regular reports regarding the legal
   54  services organization’s work on cases of wage theft. The county
   55  may require periodic reports.
   56         (b) Administrative process.—The county may establish an
   57  administrative process that gives the parties involved the
   58  opportunity to negotiate a resolution with regard to the wages
   59  in question.
   60         1. The county shall establish a system that provides for:
   61         a. A complaint process by which a complaint, which must
   62  allege a wage theft violation, may be submitted to the county by
   63  or on behalf of an aggrieved employee; and
   64         b. Service of the complaint and written notice on the
   65  respondent employer alleged to have committed a wage theft
   66  violation, which sets forth the allegations made in the
   67  complaint and the rights and obligations of the parties. Such
   68  rights and obligations shall include the right of the respondent
   69  to file an answer to the complaint and the rights of both
   70  parties to a conciliation process and to a hearing on the matter
   71  before a county hearing officer. The hearing officer must have
   72  either a legal background or specialized training in the subject
   73  matter. The final determination of a hearing officer is subject
   74  to appeal to a court of competent jurisdiction.
   75         2. The system established must encourage the parties to
   76  conciliate the charges and resolve the matter. A hearing officer
   77  may not be appointed unless the matter is not resolved using the
   78  process established in this paragraph.
   79         3. If a preponderance of the evidence demonstrates a wage
   80  theft violation, the hearing officer shall order the employer to
   81  pay wage theft restitution to the affected employee along with
   82  liquidated damages and any administrative costs.
   83         4. The regulation of wage theft through local ordinance
   84  shall be limited to requiring that employers pay their employees
   85  for work performed at the agreed upon rate of pay plus any
   86  penalties as set forth herein and establishing a fair procedure
   87  and program to review and enforce wage agreements.
   88         5. Any wage recovery system established pursuant to this
   89  paragraph must provide that an employee who is not timely paid
   90  wages, final compensation, or wage supplements by his or her
   91  employer as required is entitled to recover through a claim
   92  filed in a process or program established under this paragraph
   93  in the employee’s county of employment or in a civil action, but
   94  not both.
   95         6. The county shall establish a reporting mechanism through
   96  which the county receives regular reports regarding cases of
   97  wage theft. The county may require periodic reports.
   98         7.a. Upon a finding of wage theft, the employer shall be
   99  liable for the actual back wages due and owing and may be liable
  100  for administrative costs in an amount not to exceed $1,500. If
  101  the employer is found to have acted in good faith or if the
  102  hearing officer has reason to believe that the act or omission
  103  was not intentional or was not wage theft, the administrative
  104  costs against the employer may be waived. In addition,
  105  liquidated damages shall be awarded to the employee but are
  106  limited to twice the amount a respondent employer is found to
  107  have unlawfully failed to pay the complainant employee.
  108         b. In addition to the actual back wages due and liquidated
  109  damages, an employer found to have committed a second violation
  110  shall be fined $1,000 and an employer found to have committed a
  111  third and subsequent violation shall be fined $2,000. An
  112  employer who commits a second or subsequent violation may be
  113  liable for administrative costs in an amount not to exceed
  114  $2,500.
  115         8. Any claim brought under this paragraph is subject to a
  116  statute of limitations of 1 year from the last date upon which
  117  wages were due to the employee for the wage theft incident that
  118  is the subject of the wage theft claim.
  119         (3) FUNDING.—The county may dedicate county funds to assist
  120  the legal services organization process or the administrative
  121  process under subsection (2) in addressing claims of wage theft.
  122         (4) CURRENT ORDINANCES.—A local ordinance governing wage
  123  theft which was enacted on or before January 1, 2014, is not
  124  preempted by this section.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete lines 81 - 89
  129  and insert:
  130         An act relating to local regulation of wage theft;
  131         creating s. 448.111, F.S.; defining terms; requiring a
  132         county that decides to create a local solution to wage
  133         theft to adopt one of two processes and specifying the
  134         requirements of those processes; providing an
  135         exception for an ordinance enacted by a specified
  136         date;