Senate Bill sb0786er

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  2         An act relating to notification regarding the

  3         state minimum wage; creating s. 448.109, F.S.;

  4         providing definitions; requiring an employer to

  5         display posters at worksites to provide

  6         employees notice about the state minimum wage;

  7         requiring the Agency for Workforce Innovation

  8         to make available an updated poster each year;

  9         providing for the size and contents of the

10         posters; providing an effective date.

11  

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

13  

14         Section 1.  Section 448.109, Florida Statutes, is

15  created to read:

16         448.109  Notification of the state minimum wage.--

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

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

19  meanings as established under the federal Fair Labor Standards

20  Act and its implementing regulations.

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

22  employer must, at a minimum, pay an employee pursuant to s.

23  24, Art. X of the State Constitution and implementing law.

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

25  minimum wage shall prominently display a poster substantially

26  similar to the one made available pursuant to subsection (3)

27  in a conspicuous and accessible place in each establishment

28  where such employees are employed.

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

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

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    2006 Legislature                          CS for CS for SB 786



 1  employers a poster in English and in Spanish which reads

 2  substantially as follows:

 3  

 4                       NOTICE TO EMPLOYEES

 5  

 6         The Florida minimum wage is $ (amount) per

 7         hour, with a minimum wage of at least $

 8         (amount) per hour for tipped employees, in

 9         addition to tips, for January 1, (year),

10         through December 31, (year).

11  

12         The rate of the minimum wage is recalculated

13         yearly on September 30, based on the Consumer

14         Price Index. Every year on January 1 the new

15         Florida minimum wage takes effect.

16  

17         An employer may not retaliate against an

18         employee for exercising his or her right to

19         receive the minimum wage. Rights protected by

20         the State Constitution include the right to:

21              1.  File a complaint about an employer's

22         alleged noncompliance with lawful minimum-wage

23         requirements.

24              2.  Inform any person about an employer's

25         alleged noncompliance with lawful minimum-wage

26         requirements.

27              3.  Inform any person of his or her

28         potential rights under Section 24, Article X of

29         the State Constitution and to assist him or her

30         in asserting such rights.

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    2006 Legislature                          CS for CS for SB 786



 1         An employee who has not received the lawful

 2         minimum wage after notifying his or her

 3         employer and giving the employer 15 days to

 4         resolve any claims for unpaid wages may bring a

 5         civil action in a court of law against an

 6         employer to recover back wages plus damages and

 7         attorney's fees.

 8  

 9         An employer found liable for intentionally

10         violating minimum-wage requirements is subject

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

12         the state.

13  

14         The Attorney General or other official

15         designated by the Legislature may bring a civil

16         action to enforce the minimum wage.

17  

18         For details see Section 24, Article X of the

19         State Constitution.

20  

21         (b)  The poster must be at least 8.5 inches by 11

22  inches and in a format easily seen by employees. The text in

23  the poster must be of a conspicuous size. The text in the

24  first line must be larger than the text of any other line and

25  the text of the first sentence must be in bold type and larger

26  than the text in the remaining lines.

27         Section 2.  This act shall take effect January 1, 2007.

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