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.