Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 862 Barcode 105770 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. (1) There is created a civil cause of action for 6 the collection of unpaid wages. 7 (2) The term: 8 (a) “Wages” means wages, salaries, commissions, or other 9 similar forms of compensation. 10 (b) “Unpaid wages” means the improper underpayment or 11 nonpayment of wages within a reasonable time after the date on 12 which the employee performed the work for which the wages are 13 compensable. 14 (3) An employer shall pay the wages due to an employee for 15 the work that the employee performed and which are due within a 16 reasonable time after the date on which the employee performed 17 the work. The employer shall pay the wages according to the 18 applicable rate and the employer’s own pay schedule established 19 by policy or practice. If a pay schedule has not been 20 established, a reasonable time following the date on which that 21 employee performed the work is presumed to be 2 weeks. 22 (4) As a condition precedent to bringing a claim for unpaid 23 wages, the claimant shall notify in writing the employer alleged 24 to have violated this section of the employee’s intent to 25 initiate a claim. The notice must identify the amount that the 26 claimant alleges he or she is owed, the actual or estimated work 27 dates and hours for which payment is sought, and the total 28 amount of alleged unpaid wages through the date of the notice. 29 The employer has 15 days following the date of service of the 30 notice to pay the total amount of unpaid wages or otherwise 31 resolve the claim to the satisfaction of the claimant. 32 (5) The claim shall have its venue in the county where the 33 work was performed or where the employer resides. A claim for 34 unpaid wages shall be tried before the court and not before a 35 jury. The claimant does not have a right to a class action to 36 enforce such unpaid wage claims. 37 (6) A claim for unpaid wages under this section must be 38 filed within 1 year following the last date that the allegedly 39 unpaid work was performed by the employee. 40 (7) A prevailing claimant is entitled to damages, which 41 shall be the actual wages due and owing, plus court costs and 42 interest. 43 (8)(a) A county, municipality, or political subdivision may 44 establish an administrative, nonjudicial complaint process by 45 which an unpaid wage claim may be filed by, or on behalf of, an 46 aggrieved employee in order to assist in the collection of wages 47 owed to the employee. Any such process shall afford the parties 48 involved an opportunity to negotiate a resolution to the wages 49 in question. 50 (b) A county, municipality, or political subdivision may 51 not adopt or maintain in effect any law, ordinance, or rule that 52 creates requirements or regulations for the purpose of 53 addressing unpaid wage claims other than to establish the 54 administrative process provided for in this section. 55 (c) Any other regulation, ordinance, or provision for the 56 recovery of unpaid wages by a county, municipality, or political 57 subdivision is expressly prohibited and is preempted to the 58 state. 59 (9) This section does not apply to an employer whose annual 60 gross volume of sales is more than $500,000, exclusive of sales 61 tax collected or excise taxes paid. 62 Section 2. This act shall take effect July 1, 2012. 63 64 ================= T I T L E A M E N D M E N T ================ 65 And the title is amended as follows: 66 Delete everything before the enacting clause 67 and insert: 68 A bill to be entitled 69 An act relating to wage protection for employees; 70 creating a civil cause of action for the collection of 71 unpaid wages; defining terms; requiring an employer to 72 pay the wages due to an employee for the work that the 73 employee performed within a reasonable time after the 74 date on which the employee performed the work; 75 requiring a claimant, as a condition precedent to 76 bringing a claim for unpaid wages, to notify in 77 writing the employer of the employee’s intention to 78 initiate a claim; providing for the content of the 79 notice; allotting the employer a specific time to pay 80 the total amount of unpaid wages or otherwise resolve 81 the claim to the satisfaction of the claimant; 82 providing for the venue of such claims; prohibiting 83 the maintenance of a class action; providing for 84 damages to include court costs and interest; 85 authorizing a county, municipality, or political 86 subdivision to establish an administrative, 87 nonjudicial process by which a claim may be filed by, 88 or on behalf of, an aggrieved employee; prohibiting a 89 county, municipality, or political subdivision from 90 adopting or maintaining in effect a law, ordinance, or 91 rule for the purpose of addressing unpaid wage claims 92 other than to establish an administrative process as 93 provided in the act; providing that any regulation, 94 ordinance, or other provision for recovery of unpaid 95 wages by counties, municipalities, or political 96 subdivisions is prohibited and preempted to the state; 97 providing a limitation of applicability to certain 98 employers; providing an effective date.