1 | A bill to be entitled |
2 | An act relating to notification regarding the state |
3 | minimum wage; providing definitions; requiring an employer |
4 | to display posters at worksites to provide employees |
5 | notice about the state minimum wage; requiring the Agency |
6 | for Workforce Innovation to make available an updated |
7 | poster each year; providing for the size and contents of |
8 | the posters; providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Notification of the state minimum wage.-- |
13 | (1) As used in this section, the terms: |
14 | (a) "Employer," "employee," and "wage" have the meanings |
15 | as established under the federal Fair Labor Standards Act and |
16 | its implementing regulations. |
17 | (b) "Florida minimum wage" means the wage that an employer |
18 | must, at a minimum, pay an employee pursuant to Section 24, |
19 | Article X of the State Constitution and implementing law. |
20 | (2) Each employer who must pay an employee the Florida |
21 | minimum wage shall prominently display a poster made available |
22 | pursuant to subsection (3) in a conspicuous and accessible place |
23 | at each worksite. |
24 | (3)(a) Each year the Agency for Workforce Innovation |
25 | shall, on or before December 1, create and make available to |
26 | employers a poster in English and in Spanish which reads |
27 | substantially as follows: |
28 |
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29 | NOTICE TO EMPLOYEES |
30 |
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31 | The Florida minimum wage is $ (amount) per hour |
32 | and $ (amount) per hour for tipped workers for January |
33 | 1, (year), through December 31, (year). |
34 |
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35 | The rate of the minimum wage is recalculated |
36 | yearly on September 30, based on the Consumer Price |
37 | Index. Every year on January 1 the new Florida minimum |
38 | wage takes effect. |
39 |
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40 | An employer may not retaliate against an employee |
41 | for exercising his or her right to receive the minimum |
42 | wage. Rights protected by the State Constitution |
43 | include the right to: |
44 | 1. File a complaint with the Agency for |
45 | Workforce Innovation about an employer's alleged |
46 | noncompliance with lawful minimum-wage requirements. |
47 | 2. Inform any person about an employer's alleged |
48 | noncompliance with lawful minimum-wage requirements. |
49 | 3. Inform any person of his or her potential |
50 | rights under Section 24, Article X of the State |
51 | Constitution and to assist him or her in asserting |
52 | such rights. |
53 |
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54 | An employee who has not received the lawful |
55 | minimum wage may bring a civil action in a court of |
56 | law against an employer to recover back wages plus |
57 | damages and attorney's fees. |
58 |
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59 | An employer found liable for intentionally |
60 | violating minimum-wage requirements is subject to a |
61 | fine of $1,000 per violation, payable to the state. |
62 |
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63 | The Attorney General or other official designated |
64 | by the Legislature may bring a civil action to enforce |
65 | the minimum wage. |
66 |
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67 | For details see Section 24, Article X of the |
68 | State Constitution. |
69 |
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70 | (b) The poster must be at least 12 inches in height by 16 |
71 | inches in width and in a format easily seen by employees. The |
72 | letters in the poster must be of a conspicuous size. The letters |
73 | in the first line must be larger than the letters of any other |
74 | line and the letters of the first sentence must be in bold type |
75 | and larger than the letters in the remaining lines. |
76 | Section 2. This act shall take effect July 1, 2006. |