Senate Bill sb0786

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    Florida Senate - 2006                                   SB 786

    By Senator Hill





    1-488-06

  1                      A bill to be entitled

  2         An act relating to notification regarding the

  3         state minimum wage; providing definitions;

  4         requiring an employer to display posters at

  5         worksites to provide employees notice about the

  6         state minimum wage; requiring the Agency for

  7         Workforce Innovation to make available an

  8         updated poster each year; providing for the

  9         size and contents of the posters; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Notification of the state minimum wage.--

15         (1)  As used in this section, the terms:

16         (a)  "Employer," "employee," and "wage" have the

17  meanings as established under the federal Fair Labor Standards

18  Act and its implementing regulations.

19         (b)  "Florida minimum wage" means the wage that an

20  employer must, at a minimum, pay an employee pursuant to

21  Section 24, Article X of the State Constitution and

22  implementing law.

23         (2)  Each employer who must pay an employee the Florida

24  minimum wage shall prominently display a poster made available

25  pursuant to subsection (3) in a conspicuous and accessible

26  place at each worksite.

27         (3)(a)  Each year the Agency for Workforce Innovation

28  shall, on or before December 1, create and make available to

29  employers a poster in English and in Spanish which reads

30  substantially as follows:

31  

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    Florida Senate - 2006                                   SB 786
    1-488-06




 1                       NOTICE TO EMPLOYEES

 2  

 3              The Florida minimum wage is $ (amount) per

 4         hour and $3.13 per hour for tipped workers for

 5         January 1, (year), through December 31, (year).

 6  

 7              The rate of the minimum wage is

 8         recalculated yearly on September 30, based on

 9         the Consumer Price Index. Every year on January

10         1 the new Florida minimum wage takes effect.

11  

12              An employer may not retaliate against an

13         employee for exercising his or her right to

14         receive the minimum wage. Rights protected by

15         the State Constitution include the right to:

16              1.  File a complaint about an employer's

17         alleged noncompliance with lawful minimum-wage

18         requirements.

19              2.  Inform any person about an employer's

20         alleged noncompliance with lawful minimum-wage

21         requirements.

22              3.  Inform any person of his or her

23         potential rights under Section 24, Article X of

24         the State Constitution and to assist him or her

25         in asserting such rights.

26  

27              An employee who has not received the

28         lawful minimum wage may bring a civil action in

29         a court of law against an employer to recover

30         back wages plus damages and attorney's fees.

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    Florida Senate - 2006                                   SB 786
    1-488-06




 1              An employer found liable for intentionally

 2         violating minimum-wage requirements is subject

 3         to a fine of $1,000 per violation, payable to

 4         the state.

 5  

 6              The Attorney General or other official

 7         designated by the Legislature may bring a civil

 8         action to enforce the minimum wage.

 9  

10              For details see Section 24, Article X of

11         the State Constitution.

12         (b)  The poster must be at least 12 inches in height by

13  16 inches in width and in a format easily seen by employees.

14  The letters in the poster must be of a conspicuous size. The

15  letters in the first line must be larger than the letters of

16  any other line and the letters of the first sentence must be

17  in bold type and larger than the letters in the remaining

18  lines.

19         Section 2.  This act shall take effect July 1, 2006.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Requires an employer to display posters at worksites to
      notify employees about the state minimum wage. Requires
24    the Agency for Workforce Innovation to make an updated
      poster available each year. Provides for the size and
25    contents of the posters.

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