Florida Senate - 2013 SB 1216 By Senator Bradley 7-00788-13 20131216__ 1 A bill to be entitled 2 An act relating to wage theft; amending s. 34.01, 3 F.S.; granting county courts original jurisdiction 4 over specified collection actions; creating s. 5 448.115, F.S.; defining the term “wage theft”; 6 providing circumstances under which an employer 7 commits wage theft; providing specific notice 8 requirements; requiring a claim to be filed within a 9 specified time; requiring an employer to pay or 10 resolve the matter within a specified time; providing 11 that a claim is governed by the Florida Small Claims 12 Rules; providing procedural requirements; requiring 13 the claimant to prove wage theft by a preponderance of 14 the evidence; limiting damages to actual compensation 15 owed; prohibiting attorney fees or other damage 16 awards; authorizing the Attorney General to seek 17 injunctive relief against an employer accused of wage 18 theft; authorizing the Attorney General to seek money 19 damages, up to a specified amount, in addition to 20 injunctive relief under certain circumstances; 21 authorizing a county, municipality, or political 22 subdivision to establish an administrative process to 23 facilitate the collection of money owed to an 24 employee; requiring such process to include an 25 opportunity for negotiation between parties; 26 authorizing a county, municipality, or political 27 subdivision to include in the process payment of 28 certain fees and assistance with certain applications; 29 prohibiting adjudication; prohibiting any law, 30 ordinance, or rule regarding unpaid compensation 31 claims other than as authorized for the administrative 32 process; grandfathering local ordinances that govern 33 wage theft and that were enacted before a specified 34 date; providing an exception; creating s. 448.116, 35 F.S.; providing definitions; prohibiting a political 36 subdivision from adopting or enforcing certain rules 37 and ordinances and voiding such rules and ordinances; 38 providing that this section does not limit the 39 authority of a political subdivision to establish 40 conditions of employment for certain persons or to 41 establish a certain process or forum; providing that 42 this section does not prohibit a certain tribal 43 government from establishing conditions of employment 44 for certain persons; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Subsection (1) of section 34.01, Florida 49 Statutes, is amended to read: 50 34.01 Jurisdiction of county court.— 51 (1) County courtsshallhave original jurisdiction: 52 (a) In all misdemeanor cases not cognizable by the circuit 53 courts; 54 (b) Of all violations of municipal and county ordinances; 55 (c) Of all actions at law in which the matter in 56 controversy does not exceed the sum of $15,000, exclusive of 57 interest, costs, and attorney’s fees, except those within the 58 exclusive jurisdiction of the circuit courts;and59 (d) Of disputes occurring in the homeowners’ associations 60 as described in s. 720.311(2)(a), which shall be concurrent with 61 jurisdiction of the circuit courts; and 62 (e) Of actions for the collection of compensation under s. 63 448.115, notwithstanding the amount in controversy prescribed in 64 paragraph (c). 65 Section 2. Section 448.115, Florida Statutes, is created to 66 read: 67 448.115 Civil claim for wage theft; notice; civil penalty; 68 preemption.— 69 (1) As used in this section, the term “wage theft” means an 70 illegal or improper underpayment or nonpayment of an individual 71 employee’s wages, salaries, commissions, or other similar forms 72 of compensation, within a reasonable time from the date on which 73 the employee performs the work that is to be compensated. 74 (2) An employer commits wage theft if the employer fails to 75 pay a portion of wages, salaries, commissions, or other similar 76 forms of compensation due to an employee for the agreed upon 77 work within a reasonable time from the date on which the 78 employee performs the work, according to the already applicable 79 rate and the pay schedule of the employer which are established 80 by policy or practice. In the absence of an established pay 81 schedule, 2 weeks after the date on which the employee performs 82 the work shall be deemed a reasonable time. 83 (3)(a) An employee may bring a claim for wage theft against 84 an employer. However, before bringing a claim for wage theft 85 against an employer, an employee must notify the employer in 86 writing of his or her intent to initiate a claim. The notice 87 must identify the amount that the employee alleges he or she is 88 owed, the actual or estimated work dates and hours for which 89 compensation is sought, and the total amount of compensation 90 unpaid through the date of the notice. 91 (b) A claim under this section must be filed within 1 year 92 of the last date that the allegedly unpaid work is performed by 93 the employee. 94 (c) The employer shall pay the total amount of unpaid 95 compensation or otherwise resolve the matter to the satisfaction 96 of the employee within 15 days after the date of service of the 97 notice. 98 (4)(a) A county court has original jurisdiction, as 99 provided under s. 34.01, over a claim for wage theft. A claim 100 for wage theft has venue in the county where the employee 101 performs the work. A claim for wage theft does not include a 102 right to a jury trial and is governed by the Florida Small 103 Claims Rules. 104 (b) The claimant must prove wage theft by a preponderance 105 of the evidence. A prevailing claimant is entitled to damages, 106 limited to the actual compensation due and owing. A court may 107 not award economic damages other than those expressly authorized 108 in this section. A court may not award noneconomic or punitive 109 damages or attorney fees or costs to a prevailing claimant on a 110 claim under this section, notwithstanding s. 448.08. 111 (5) The Attorney General may bring a civil action against 112 an employer for wage theft. The Attorney General may seek 113 injunctive relief. For any employer found to have willfully 114 engaged in wage theft, the Attorney General may also seek to 115 impose a civil penalty not to exceed $1,000 per violation, 116 payable to the state. The clerk of court shall remit the penalty 117 collected under this subsection to the Department of Revenue for 118 deposit into the General Revenue Fund. 119 (6)(a) A county, municipality, or political subdivision may 120 establish an administrative, nonjudicial process under which an 121 assertion of unpaid compensation may be submitted by, or on 122 behalf of, an employee to assist in the collection of 123 compensation owed to the employee. Any such process, at a 124 minimum, must afford the parties involved an opportunity to 125 negotiate a resolution regarding the compensation in question. 126 The county, municipality, or political subdivision may, as part 127 of the process, pay the filing fee under s. 34.041 on behalf of 128 the employee or assist the employee in completing an application 129 for a determination of civil indigent status under s. 57.082. 130 The process may not adjudicate a compensation dispute between an 131 employee and an employer nor award damages to the employee. 132 (b) A county, municipality, or political subdivision may 133 not adopt or maintain in effect any law, ordinance, or rule that 134 creates requirements or regulations for the purpose of 135 addressing unpaid compensation claims other than to establish 136 the administrative, nonjudicial process provided for in this 137 subsection. 138 (c) Notwithstanding paragraph (b), any local ordinance 139 governing wage theft enacted before January 1, 2011, is not 140 preempted by this section. Such local ordinance may not apply to 141 an employer whose annual gross volume of sales or business 142 transacted is more than $500,000, exclusive of sales tax 143 collected or excise taxes paid. 144 Section 3. Section 448.116, Florida Statutes, is created to 145 read: 146 448.116 State retention of powers.— 147 (1) As used in this section, the term: 148 (a) “Condition of employment” means those terms that form 149 the basis of the relationship between an employer and a 150 prospective or actual employee, including, but not limited to, 151 preemployment screening, job classification, job 152 responsibilities, hours of work, wages, payment of wages, leave, 153 and employee benefits such as retirement and insurance. 154 (b) “Employee” means an individual employed in this state 155 by an employer. 156 (c) “Employer” means a person engaging in any activity, 157 enterprise, or business in this state employing at least one 158 employee. 159 (d) “Political subdivision” means a county, municipality, 160 department, commission, district, board, or other public body, 161 whether corporate or otherwise, created by or under state law. 162 (2) Except as otherwise provided in subsection (3) or in s. 163 218.077, a political subdivision may not adopt or enforce a rule 164 or ordinance that governs a condition of employment or 165 establishes a process or forum for the resolution of disputes 166 involving a condition of employment, the regulation of such 167 matters being expressly preempted to the state. Any such 168 existing rule or ordinance is void. 169 (3) This section does not limit the authority of a 170 political subdivision to establish conditions of employment for 171 the employees of the political subdivision or to establish any 172 process or forum for the resolution of disputes within that 173 employment relationship. 174 (4) This section does not prohibit a federally authorized 175 and recognized tribal government from establishing conditions of 176 employment for persons employed within any territory over which 177 the tribe has jurisdiction. 178 Section 4. This act shall take effect upon becoming a law.