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 courts shall have 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; and
   59         (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         448.115Civil 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         448.116State 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.