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The Florida Senate

2016 Florida Statutes

Title XXXI LABOR
Chapter 448 GENERAL LABOR REGULATIONS Entire Chapter
SECTION 24
Duties and rights.
F.S. 448.24
448.24 Duties and rights.—
(1) No labor pool shall charge a day laborer:
(a) For safety equipment, clothing, accessories, or any other items required by the nature of the work either by law, custom, or as a requirement of the third-party user:
1. This subsection shall not preclude the labor pool from charging the day laborer the market value of items temporarily provided to the worker by the labor pool, in the event that the worker willfully fails to return such items to the labor pool.
2. For items other than those referenced in this paragraph, which the labor pool makes available for purchase, the day laborer shall be charged no more than the actual cost of the item to the labor pool, or market value, whichever is less.
(b) More than a reasonable amount to transport a worker to or from the designated worksite, but in no event shall the amount exceed $1.50 each way; or
(c) For directly or indirectly cashing a worker’s check.
(2) A labor pool shall:
(a) Select one of the following methods of payment to compensate a day laborer for work performed:
1. Cash.
2. Commonly accepted negotiable instruments that are payable in cash, on demand at a financial institution, and without discount.
3. Payroll debit card.
4. Electronic fund transfer, which must be made to a financial institution designated by the day laborer.
(b) Before a day laborer’s first pay period, provide notice to the day laborer of the method of payment that the labor pool intends to use for payroll and the day laborer’s options to elect a different method of payment, and authorize the day laborer to elect not to be paid by payroll debit card or electronic fund transfer.
(c) If selecting to compensate a day laborer by payroll debit card:
1. Offer the day laborer the option to elect payment by electronic fund transfer; and
2. Before selecting payroll debit card, provide the day laborer with a list, including the address, of a business that is in close proximity to the labor pool and that does not charge a fee to withdraw the contents of the payroll debit card.
(d) Compensate day laborers at or above the minimum wage, in conformance with s. 448.01. Deductions, other than those authorized by federal or state law, may not bring the worker’s pay below minimum wage for the hours worked.
(e) Comply with all requirements of chapter 440.
(f) Insure any motor vehicle owned or operated by the labor hall and used for the transportation of workers pursuant to Florida Statutes.
(g) At the time of each payment of wages, furnish each worker a written itemized statement showing in detail each deduction made from such wages. A labor pool may deliver this statement electronically upon written request of the day laborer.
(h) Provide each worker with an annual earnings summary within a reasonable period of time after the end of the preceding calendar year, but no later than February 1.
(3) No labor pool shall request or require that any day laborer sign any document waiving the protections of this part.
(4) No labor pool shall charge more than the actual cost of providing lunch, if lunch is provided at the worksite by the labor pool. In no case shall the purchase of lunch be a condition of employment.
(5) A labor pool that operates a labor hall must provide facilities for a worker waiting at the labor hall for a job assignment that include:
(a) Restroom facilities.
(b) Drinking water.
(c) Sufficient seating.
(6) No labor pool shall restrict the right of a day laborer to accept a permanent position with a third-party user to whom the laborer is referred for temporary work, or to restrict the right of such a third-party user to offer such employment to an employee of the labor pool. However, nothing shall restrict the labor pool from receiving a reasonable placement fee from the third-party user.
(7) Nothing in this part precludes the labor pool from providing a day laborer with a method of obtaining cash from a cash-dispensing machine that is located on the premises of the labor pool and is operated by the labor pool, or by an affiliate, pursuant to chapter 560, if required, for a fee for each transaction which may not exceed $1.99, provided:
(a) The labor pool offers payment in compliance with the provisions of paragraph (2)(a).
(b) The day laborer voluntarily elects to accept payment in cash after disclosure of the fee.
(c) The cash-dispensing machine requires affirmative action by the day laborer with respect to imposition of the fee and allows the day laborer to negate the transaction in lieu of payment in compliance with paragraph (2)(a).
History.—s. 1, ch. 95-332; s. 10, ch. 2001-65; s. 1, ch. 2006-10; s. 1, ch. 2015-20.