Senate Bill sb2426

    Florida Senate - 2003                                  SB 2426

    By Senator Dawson





    29-1417-03

  1                      A bill to be entitled

  2         An act relating to farm labor; creating s.

  3         450.39, F.S.; providing that persons who use

  4         the services of farm labor contractors must

  5         guarantee the payment of applicable wages due

  6         to certain farm workers; creating s. 450.395,

  7         F.S.; providing legal remedies for farm workers

  8         whose wages were not paid as due; providing for

  9         the recovery of unpaid wages and of liquidated

10         damages in specified circumstances; providing

11         an effective date.

12  

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

14  

15         Section 1.  Section 450.39, Florida Statutes, is

16  created to read:

17         450.39  Guarantee of payment of wages.--

18         (1)  Any person who uses the services of a farm labor

19  contractor to recruit, transport into or within the state,

20  supply, or hire one or more farm workers shall guarantee

21  payment of the applicable minimum wage, as required by law,

22  which is due from the farm labor contractor to the farm

23  worker.

24         (2)  If two or more persons are using the same farm

25  labor contractor to perform any of the services described in

26  subsection (1) during the same payroll period, the liability

27  of each such person to guarantee payment under subsection (1)

28  is limited to his or her proportionate share of the wages due

29  from the farm labor contractor to the farm worker.

30         Section 2.  Section 450.395, Florida Statutes, is

31  created to read:

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






    Florida Senate - 2003                                  SB 2426
    29-1417-03




 1         450.395  Remedy for unpaid wages.--

 2         (1)  A farm worker aggrieved by a possible violation of

 3  s. 450.33(2) or the guarantee provided in s. 450.39 may bring

 4  a civil action for unpaid wages in a court of competent

 5  jurisdiction.

 6         (2)  In any action brought under subsection (1), the

 7  farm worker may recover from the farm labor contractor all

 8  unpaid wages due and liquidated damages in an amount equal to

 9  the wages unlawfully withheld from the worker.

10         (3)  In an action against a guarantor, the farm worker

11  may recover from the guarantor under s. 450.39 all unpaid

12  minimum wages due. In addition, if the guarantor has acted in

13  bad faith, the farm worker may recover liquidated damages in

14  an amount equal to the minimum wages unlawfully withheld. As

15  used in this subsection, the term "bad faith" includes, but is

16  not limited to, failing to pay or unreasonably delaying

17  payment to the farm labor contractor, or unreasonably reducing

18  payment to the farm labor contractor, when the guarantor knew

19  or reasonably should have known that the price set for the

20  work was insufficient to cover the minimum wages owed by the

21  farm labor contractor.

22         Section 3.  This act shall take effect July 1, 2003.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Provides that persons who use the services of farm labor
      contractors must guarantee the payment of applicable
27    wages due to the farm workers hired through those
      contractors. Provides legal remedies for farm workers
28    whose wages are due but unpaid. Provides for the award of
      liquidated damages in specified circumstances.
29  

30  

31  

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