1 | A bill to be entitled |
2 | An act relating to unemployment compensation; amending s. |
3 | 443.101, F.S.; providing definitions; providing specified |
4 | circumstances under which a day laborer is deemed to have |
5 | voluntarily quit employment and is disqualified for |
6 | benefits; providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Subsection (10) of section 443.101, Florida |
11 | Statutes, is amended to read: |
12 | 443.101 Disqualification for benefits.--An individual |
13 | shall be disqualified for benefits: |
14 | (10) Subject to the requirements of this subsection, if |
15 | the claim is made based on the loss of employment as a leased |
16 | employee for an employee leasing company or as a temporary |
17 | employee for a temporary help firm or labor pool. |
18 | (a) As used in this subsection, the term: |
19 | 1. "Day laborer" means any individual employed by a labor |
20 | pool. |
21 | 2. "Labor pool" has the same meaning as in s. 448.22(1). |
22 | 3. "Leased employee" means an employee assigned to work |
23 | for the clients of an employee leasing company regulated under |
24 | part XI of chapter 468. |
25 | 4. "Temporary employee" means an employee assigned to work |
26 | for the clients of a temporary help firm. |
27 | 5.1. "Temporary help firm" means a firm that hires its own |
28 | employees and assigns them to clients to support or supplement |
29 | the client's workforce in work situations such as employee |
30 | absences, temporary skill shortages, seasonal workloads, and |
31 | special assignments and projects. The term also includes a firm |
32 | created by an entity licensed under s. 125.012(6), which hires |
33 | employees assigned by a union for the purpose of supplementing |
34 | or supporting the workforce of the temporary help firm's |
35 | clients. The term does not include employee leasing companies |
36 | regulated under part XI of chapter 468. |
37 | 2. "Temporary employee" means an employee assigned to work |
38 | for the clients of a temporary help firm. |
39 | 3. "Leased employee" means an employee assigned to work |
40 | for the clients of an employee leasing company regulated under |
41 | part XI of chapter 468. |
42 | (b) A temporary or leased employee is deemed to have |
43 | voluntarily quit employment and is disqualified for benefits |
44 | under subparagraph (1)(a)1. if, upon conclusion of his or her |
45 | latest assignment, the temporary or leased employee, without |
46 | good cause, failed to contact the temporary help or employee- |
47 | leasing firm for reassignment, if the employer advised the |
48 | temporary or leased employee at the time of hire and that the |
49 | leased employee is notified also at the time of separation that |
50 | he or she must report for reassignment upon conclusion of each |
51 | assignment, regardless of the duration of the assignment, and |
52 | that unemployment benefits may be denied for failure to report. |
53 | (c) A day laborer is deemed to have voluntarily quit |
54 | employment and is disqualified for benefits under subparagraph |
55 | (1)(a)1. if, upon conclusion of his or her latest assignment, |
56 | the day laborer, without good cause, fails to return in person |
57 | on the next business day to obtain a new assignment, provided |
58 | that the labor pool advised the day laborer at the time of hire |
59 | that he or she must report in person for reassignment the next |
60 | business day following conclusion of each assignment, regardless |
61 | of the duration of the assignment, and that unemployment |
62 | benefits may be denied for failure to report in person. |
63 | Section 2. This act shall take effect July 1, 2008. |