HB 1211CS

CHAMBER ACTION




1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to notification regarding the state
7minimum wage; creating s. 448.109, F.S.; providing
8definitions; requiring an employer to display posters at
9worksites to provide employees notice about the state
10minimum wage; requiring the Agency for Workforce
11Innovation to make available an updated poster each year;
12providing for the size and contents of the posters;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 448.109, Florida Statutes, is created
18to read:
19     448.109  Notification of the state minimum wage.--
20     (1)  As used in this section, the terms:
21     (a)  "Employer," "employee," and "wage" have the meanings
22as established under the federal Fair Labor Standards Act and
23its implementing regulations.
24     (b)  "Florida minimum wage" means the wage that an employer
25must, at a minimum, pay an employee pursuant to s. 24, Art. X of
26the State Constitution and implementing law.
27     (2)  Each employer who must pay an employee the Florida
28minimum wage shall prominently display a poster substantially
29similar to the one made available pursuant to subsection (3) in
30a conspicuous and accessible place in every establishment where
31such employees are employed.
32     (3)(a)  Each year the Agency for Workforce Innovation
33shall, on or before December 1, create and make available to
34employers a poster in English and in Spanish which reads
35substantially as follows:
36
37
NOTICE TO EMPLOYEES
38
39The Florida minimum wage is $ (amount) per hour, with
40a minimum wage of at least $ (amount) per hour for
41tipped employees, in addition to tips, for January 1,
42(year), through December 31, (year).
43
44The rate of the minimum wage is recalculated yearly on
45September 30, based on the Consumer Price Index. Every
46year on January 1 the new Florida minimum wage takes
47effect.
48
49An employer may not retaliate against an employee for
50exercising his or her right to receive the minimum
51wage. Rights protected by the State Constitution
52include the right to:
53     1.  File a complaint about an employer's alleged
54noncompliance with lawful minimum-wage requirements.
55     2.  Inform any person about an employer's alleged
56noncompliance with lawful minimum-wage requirements.
57     3.  Inform any person of his or her potential
58rights under Section 24, Article X of the State
59Constitution and to assist him or her in asserting
60such rights.
61
62An employee who has not received the lawful minimum
63wage after notifying his or her employer and giving
64the employer 15 days to resolve any claims for unpaid
65wages may bring a civil action in a court of law
66against an employer to recover back wages plus damages
67and attorney's fees.
68
69An employer found liable for intentionally violating
70minimum-wage requirements is subject to a fine of
71$1,000 per violation, payable to the state.
72
73The Attorney General or other official designated by
74the Legislature may bring a civil action to enforce
75the minimum wage.
76
77For details see Section 24, Article X of the State
78Constitution.
79
80     (b)  The poster must be at least 8.5 inches by 11 inches
81and in a format easily seen by employees. The text in the poster
82must be of a conspicuous size. The text in the first line must
83be larger than the text of any other line and the text of the
84first sentence must be in bold type and larger than the text in
85the remaining lines.
86     Section 2.  This act shall take effect January 1, 2007.


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