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:
67 448.115 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.