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| 1 | A bill to be entitled | ||
| 2 | An act relating to farm labor contractors; creating s. | ||
| 3 | 450.39, F.S.; guaranteeing payment of wages by persons | ||
| 4 | utilizing the services of farm labor contractors; creating | ||
| 5 | s. 450.401, F.S.; providing a remedy for unpaid wages; | ||
| 6 | providing an effective date. | ||
| 7 | |||
| 8 | Be It Enacted by the Legislature of the State of Florida: | ||
| 9 | |||
| 10 | Section 1. Section 450.39, Florida Statutes, is created to | ||
| 11 | read: | ||
| 12 | 450.39 Guarantee of payment of wages.-- | ||
| 13 | (1) Any person who utilizes the services of a farm labor | ||
| 14 | contractor to recruit, transport into or within the state, | ||
| 15 | supply, or hire one or more farm workers shall guarantee payment | ||
| 16 | of the applicable minimum wage as required by law that is due | ||
| 17 | from the farm labor contractor to the farm worker. | ||
| 18 | (2) When the work of two or more persons is being | ||
| 19 | performed during the same payroll period, the liability of each | ||
| 20 | person under this guarantee shall be limited to his or her | ||
| 21 | proportionate share. | ||
| 22 | Section 2. Section 450.401, Florida Statutes, is created | ||
| 23 | to read: | ||
| 24 | 450.401 Remedy for unpaid wages.-- | ||
| 25 | (1) Any farm worker aggrieved by a violation of s. | ||
| 26 | 450.33(2) or the guarantee provided in s. 450.39 shall have the | ||
| 27 | right to bring civil action in a court of competent jurisdiction | ||
| 28 | for unpaid wages. | ||
| 29 | (2) In any such action, the farm worker shall be entitled | ||
| 30 | to recover from the farm labor contractor, pursuant to s. | ||
| 31 | 450.39, all unpaid wages due and liquidated damages in an amount | ||
| 32 | equal to the wages unlawfully withheld. | ||
| 33 | (3) In an action against a guarantor, the farm worker | ||
| 34 | shall be entitled to recover from a guarantor, pursuant to s. | ||
| 35 | 450.39, all unpaid wages due. In addition, the farm worker shall | ||
| 36 | be entitled to recover liquidated damages in an amount equal to | ||
| 37 | the minimum wages unlawfully withheld if the guarantor has acted | ||
| 38 | in bad faith, including, but not limited to, failure to pay or | ||
| 39 | unreasonably delaying payment to the farm labor contractor or | ||
| 40 | unreasonably reducing payment to the farm labor contractor when | ||
| 41 | it is established that the guarantor knew or reasonably should | ||
| 42 | have known that the price set for the work was insufficient to | ||
| 43 | cover the minimum wage owed by the farm labor contractor. | ||
| 44 | Section 3. This act shall take effect July 1, 2003. | ||