Florida Senate - 2008 SB 854
By Senator Fasano
11-00514B-08 2008854__
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A bill to be entitled
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An act relating to unemployment compensation; amending s.
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443.101, F.S.; providing for disqualification for
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unemployment compensation if a day laborer employed by a
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labor pool fails to report for reassignment; defining the
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terms "labor pool" and "day laborer" for purposes of such
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provisions; providing that a day laborer who fails to
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return in person to obtain a new assignment upon
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conclusion of his or her latest assignment is deemed to
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have voluntarily quit employment; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (10) of section 443.101, Florida
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Statutes, is amended to read:
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443.101 Disqualification for benefits.--An individual shall
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be disqualified for benefits:
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(10) Subject to the requirements of this subsection, if the
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claim is made based on the loss of employment as a leased
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employee for an employee leasing company or as a temporary
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employee for a temporary help firm or labor pool.
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(a) As used in this subsection, the term:
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1. "Temporary help firm" means a firm that hires its own
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employees and assigns them to clients to support or supplement
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the client's workforce in work situations such as employee
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absences, temporary skill shortages, seasonal workloads, and
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special assignments and projects. The term also includes a firm
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created by an entity licensed under s. 125.012(6), which hires
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employees assigned by a union for the purpose of supplementing or
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supporting the workforce of the temporary help firm's clients.
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The term does not include employee leasing companies regulated
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under part XI of chapter 468.
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2. "Labor pool" means those entities defined in s. 448.22.
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3.2. "Temporary employee" means an employee assigned to
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work for the clients of a temporary help firm.
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4.3. "Leased employee" means an employee assigned to work
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for the clients of an employee leasing company regulated under
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part XI of chapter 468.
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5. "Day laborer" means any individual employed by a labor
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pool.
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(b) A temporary or leased employee is deemed to have
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voluntarily quit employment and is disqualified for benefits
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under subparagraph (1)(a)1. if, upon conclusion of his or her
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latest assignment, the temporary or leased employee, without good
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cause, failed to contact the temporary help or employee-leasing
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firm for reassignment, if the employer advised the temporary or
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leased employee at the time of hire and that the leased employee
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is notified also at the time of separation that he or she must
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report for reassignment upon conclusion of each assignment,
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regardless of the duration of the assignment, and that
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unemployment benefits may be denied for failure to report.
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(c) A day laborer is deemed to have voluntarily quit
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employment and is disqualified for benefits under subparagraph
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(1)(a)1. if, upon conclusion of his or her latest assignment, the
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day laborer, without good cause, fails to return in person on the
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next business day to obtain a new assignment. The labor pool must
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advise the day laborer at the time of hire that he or she must
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report in person for reassignment the next business day following
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conclusion of each assignment, regardless of the duration of the
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assignment, and that unemployment benefits may be denied for
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failure to report in person.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.