HB 1211

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


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