ENROLLED
2008 LegislatureCS for CS for SB 854
2008854er
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An act relating to unemployment compensation; amending s.
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443.101, F.S.; redefining the term "temporary help firm"
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to include a labor pool; redefining the term "temporary
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employee" to include a day laborer who is employed by a
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labor pool; providing that a day laborer is disqualified
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for benefits following loss of employment with a labor
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pool; providing that the time of hire for a day laborer is
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upon acceptance of the first assignment with a labor pool;
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requiring the labor pool to provide written notice to the
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temporary employee regarding the availability of work and
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reassignment; providing an effective 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.
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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, and includes a labor pool as
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defined in s. 448.22. The term also includes a firm created by an
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entity licensed under s. 125.012(6), which hires employees
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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. "Temporary employee" means an employee assigned to work
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for the clients of a temporary help firm. The term also includes
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a day laborer performing day labor, as defined in s. 448.22, who
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is employed by a labor pool as defined in s. 448.22.
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3. "Leased employee" means an employee assigned to work for
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the clients of an employee leasing company regulated under part
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XI of chapter 468.
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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. For
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purposes of this section, the time of hire for a day laborer is
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upon his or her acceptance of the first assignment following
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completion of an employment application with the labor pool. The
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labor pool as defined in s. 448.22(1) must provide notice to the
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temporary employee upon conclusion of the latest assignment that
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work is available the next business day and that the temporary
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employee must report for reassignment the next business day. The
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notice must be given by means of a notice printed on the
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paycheck, written notice included in the pay envelope, or other
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written notification at the conclusion of the current assignment.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.