1 | A bill to be entitled |
2 | An act relating to the state minimum wage; amending s. |
3 | 95.11, F.S.; providing periods of limitations on actions |
4 | for violations of the Florida Minimum Wage Act; creating |
5 | s. 448.110, F.S., the Florida Minimum Wage Act; providing |
6 | legislative intent to implement s. 24, Art. X of the State |
7 | Constitution in accordance with authority granted to the |
8 | Legislature therein; requiring employers to pay certain |
9 | employees a minimum wage; requiring the minimum wage to be |
10 | adjusted annually; providing a formula for calculating |
11 | such adjustment; requiring the Agency for Workforce |
12 | Innovation and the Department of Revenue to annually |
13 | publish the amount of the initial and adjusted minimum |
14 | wage; providing criteria for posting; requiring the agency |
15 | to provide written notice to certain employers; providing |
16 | a deadline for the notice to be mailed; providing that |
17 | employers are responsible for maintaining their current |
18 | addresses with the agency; requiring the agency to provide |
19 | the department with certain information; prohibiting |
20 | discrimination or adverse action against persons |
21 | exercising constitutional rights under s. 24, Art. X of |
22 | the State Constitution; providing for civil action by |
23 | aggrieved persons; requiring aggrieved persons bringing |
24 | civil actions to provide written notice to their employers |
25 | or other persons alleged to have violated the act; |
26 | providing information that must be included in the notice; |
27 | providing a deadline by which an employer or other person |
28 | alleged to have violated the act must pay the unpaid wages |
29 | in question or resolve the claim to the aggrieved person's |
30 | satisfaction; providing that aggrieved persons who prevail |
31 | in their actions may be entitled to liquidated damages and |
32 | reasonable attorney's fees and costs; authorizing |
33 | additional legal or equitable relief for aggrieved parties |
34 | who prevail in such actions; providing that noneconomic |
35 | damages and punitive damages may not be awarded; |
36 | authorizing the Attorney General to bring a civil action |
37 | and seek injunctive relief; providing a fine; providing |
38 | statutes of limitations; authorizing class actions; |
39 | declaring the act the exclusive remedy under state law for |
40 | violations of s. 24, Art. X of the State Constitution; |
41 | providing for implementation measures; designating ss. |
42 | 448.01-448.110, F.S., as part I of ch. 448, F.S.; |
43 | providing a part title; providing an effective date. |
44 |
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45 | Be It Enacted by the Legislature of the State of Florida: |
46 |
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47 | Section 1. Paragraph (d) is added to subsection (2) and |
48 | paragraph (q) is added to subsection (3) of section 95.11, |
49 | Florida Statutes, to read: |
50 | 95.11 Limitations other than for the recovery of real |
51 | property.--Actions other than for recovery of real property |
52 | shall be commenced as follows: |
53 | (2) WITHIN FIVE YEARS.-- |
54 | (d) An action alleging a willful violation of s. 448.110. |
55 | (3) WITHIN FOUR YEARS.-- |
56 | (q) An action alleging a violation, other than a willful |
57 | violation, of s. 448.110. |
58 | Section 2. Section 448.110, Florida Statutes, is created |
59 | to read: |
60 | 448.110 State minimum wage; annual wage adjustment; |
61 | enforcement.-- |
62 | (1) This section may be cited as the "Florida Minimum Wage |
63 | Act." |
64 | (2) The purpose of this section is to provide measures |
65 | appropriate for the implementation of s. 24, Art. X of the State |
66 | Constitution, in accordance with authority granted to the |
67 | Legislature pursuant to s. 24(f), Art. X of the State |
68 | Constitution. |
69 | (3) Effective May 2, 2005, employers shall pay employees a |
70 | minimum wage at an hourly rate of $6.15. Only those individuals |
71 | entitled to receive the federal minimum wage under the federal |
72 | Fair Labor Standards Act and implementing regulations shall be |
73 | eligible to receive the state minimum wage pursuant to s. 24, |
74 | Art. X of the State Constitution and this section. |
75 | (4)(a) Beginning September 30, 2005, and annually on |
76 | September 30 thereafter, the Agency for Workforce Innovation |
77 | shall calculate an adjusted state minimum wage rate by |
78 | increasing the state minimum wage by the rate of inflation for |
79 | the 12 months prior to September 1. In calculating the adjusted |
80 | state minimum wage, the agency shall use the Consumer Price |
81 | Index for Urban Wage Earners and Clerical Workers, not |
82 | seasonally adjusted, for the South Region, or a successor index |
83 | as calculated by the United States Department of Labor. Each |
84 | adjusted state minimum wage rate shall take effect on the |
85 | following January 1, with the initial adjusted minimum wage rate |
86 | to take effect on January 1, 2006. |
87 | (b) The Agency for Workforce Innovation and the Department |
88 | of Revenue shall annually publish the amount of the initial and |
89 | adjusted state minimum wage, as applicable, and the effective |
90 | date. Publication shall occur by posting the adjusted state |
91 | minimum wage rate and the effective date on the Internet home |
92 | pages of the agency and the department by October 15 of each |
93 | year. In addition, to the extent funded in the General |
94 | Appropriations Act, the agency shall provide written notice of |
95 | the rate and the effective date of the adjusted state minimum |
96 | wage to all employers registered in the most current |
97 | unemployment compensation database. Such notice shall be mailed |
98 | by November 15 of each year using the addresses included in the |
99 | database. Employers are responsible for maintaining current |
100 | address information in the unemployment compensation database. |
101 | The agency shall not be responsible for failure to provide |
102 | notice due to incorrect or incomplete address information in the |
103 | database. The agency shall provide the Department of Revenue |
104 | with the state minimum wage rate information and effective date |
105 | in a timely manner. |
106 | (5) It shall be unlawful for an employer or any other |
107 | party to discriminate in any manner or take adverse action |
108 | against any person in retaliation for exercising rights |
109 | protected pursuant to s. 24, Art. X of the State Constitution. |
110 | Rights protected include, but are not limited to, the right to |
111 | file a complaint or inform any person of his or her potential |
112 | rights pursuant to s. 24, Art. X of the State Constitution and |
113 | to assist him or her in asserting such rights. |
114 | (6)(a) Any person aggrieved by a violation of this section |
115 | may bring a civil action in a court of competent jurisdiction |
116 | against an employer violating this section or a party violating |
117 | subsection (5). However, prior to instituting a civil action |
118 | pursuant to this section, the person aggrieved shall notify the |
119 | employer or person alleged to have violated this section, in |
120 | writing, of an intent to initiate such an action. The notice |
121 | must identify the minimum wage to which the employee claims |
122 | entitlement, the specific work dates and hours for which payment |
123 | is sought, and the total amount of alleged unpaid wages through |
124 | the date of the notice. |
125 | (b) The employer or person alleged to have violated this |
126 | section shall have 15 calendar days after receipt of the notice |
127 | to pay the total amount of unpaid wages or, if not paid in full, |
128 | otherwise resolve the claim to the satisfaction of the person |
129 | aggrieved. If the employer or person alleged to have violated |
130 | this section fails to pay the total amount of unpaid wages or, |
131 | if not paid in full, otherwise resolve the claim to the |
132 | satisfaction of the person aggrieved, then the person aggrieved |
133 | may bring a civil action pursuant to this section. |
134 | (c)1. Upon prevailing in an action brought pursuant to |
135 | this section, aggrieved persons shall recover the full amount of |
136 | any unpaid back wages unlawfully withheld plus the same amount |
137 | as liquidated damages and shall be awarded reasonable attorney's |
138 | fees and costs. As provided under the Fair Labor Standards Act, |
139 | pursuant to s. 11 of the Portal-to-Portal Act of 1947, 61 Stat. |
140 | 84, if the employer proves by a preponderance of the evidence |
141 | that the act or omission giving rise to such action was in good |
142 | faith and that the employer had reasonable grounds for believing |
143 | that his or her act or omission was not a violation of s. 24, |
144 | Art. X of the State Constitution, the court may, in its sound |
145 | discretion, award no liquidated damages or award any amount |
146 | thereof not to exceed an amount equal to the amount of unpaid |
147 | minimum wages. The court shall not award any economic damages |
148 | not expressly authorized in this section. |
149 | 2. Upon prevailing in an action brought pursuant to this |
150 | section, aggrieved persons shall also be entitled to such legal |
151 | or equitable relief as may be appropriate to remedy the |
152 | violation including, without limitation, reinstatement in |
153 | employment and injunctive relief. However, any entitlement to |
154 | legal or equitable relief in an action brought under s. 24, Art. |
155 | X of the State Constitution shall not include noneconomic |
156 | damages such as damages for pain and suffering or punitive |
157 | damages. |
158 | (7) The Attorney General may bring a civil action to |
159 | enforce this section. The Attorney General may seek injunctive |
160 | relief. In addition to injunctive relief, or in lieu thereof, |
161 | for any employer or other person found to have willfully |
162 | violated this section, the Attorney General may seek to impose a |
163 | fine of $1,000 per violation, payable to the state. |
164 | (8) The statute of limitations for an action brought |
165 | pursuant to this section shall be 4 years from the date the |
166 | alleged violation occurred, except that in an action alleging a |
167 | willful violation the statute of limitations shall be 5 years |
168 | from the date the alleged violation occurred. |
169 | (9) Actions brought pursuant to this section may be |
170 | brought as a class action. In any class action brought pursuant |
171 | to this section, the plaintiffs shall identify each class member |
172 | and include proof of individual damages for each class member. |
173 | (10) This section shall constitute the exclusive remedy |
174 | under state law for violations of s. 24, Art. X of the State |
175 | Constitution. |
176 | (11) Except for calculating the adjusted state minimum |
177 | wage and publishing the initial state minimum wage and any |
178 | annual adjustments thereto, the authority of the Agency for |
179 | Workforce Innovation in implementing s. 24, Art. X of the State |
180 | Constitution, pursuant to this section, shall be limited to that |
181 | authority expressly granted by the Legislature. |
182 | Section 3. Sections 448.01-448.110, Florida Statutes, are |
183 | designated as part I of chapter 448, Florida Statutes, and |
184 | entitled "Terms and Conditions of Employment." |
185 | Section 4. This act shall take effect upon becoming a law. |