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