Florida Senate - 2015                                     SB 890
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01308-15                                            2015890__
    1                        A bill to be entitled                      
    2         An act relating to labor regulations; providing a
    3         short title; amending s. 448.01, F.S.; revising the
    4         number of hours of labor that comprise a legal day’s
    5         work; revising rates of overtime compensation for
    6         labor performed in excess of certain hours of work;
    7         providing for applicability; providing that commuting
    8         to and from certain locations is not a part of a day’s
    9         work under certain circumstances; prohibiting an
   10         employer from requiring an employee to continue
   11         working after the employee’s shift under certain
   12         circumstances; prohibiting an employer from paying an
   13         employee for less than the amount of contracted hours
   14         worked by the employee; providing penalties; providing
   15         that the act does not affect an employer’s liability
   16         under the Workers’ Compensation Law; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Florida Overtime
   22  Act of 2015.”
   23         Section 2. Section 448.01, Florida Statutes, is amended to
   24  read:
   25         448.01 Legal day’s work; overtime; commuting extra pay.—
   26         (1) Eight Ten hours of labor shall be a legal day’s work.
   27         (2) Any work in excess of 8 hours in any 1 workday, any
   28  work in excess of 40 hours in any 1 workweek, and the first 8
   29  hours worked on the 7th day of any 1 workweek shall be
   30  compensated at the rate of at least one and one-half times the
   31  employee’s base rate of pay. Any work in excess of 12 hours in
   32  any 1 workday, or any work in excess of 8 hours on the 7th day
   33  of any 1 workweek, shall be compensated at the rate of at least
   34  twice the employee’s base rate of pay. This section does not
   35  require an employer to combine more than one rate of overtime
   36  compensation in order to calculate the amount to be paid to an
   37  employee for any hour of overtime work. This subsection does not
   38  apply to the payment of overtime compensation to an employee
   39  working pursuant to any of the following:
   40         (a) An alternative workweek schedule adopted pursuant to a
   41  collective bargaining agreement.
   42         (b) An alternative workweek schedule to which this chapter
   43  does not apply.
   44         (3) Time spent commuting to and from the first place where
   45  the employer requires an employee’s presence is not a part of a
   46  workday when the employee commutes in a vehicle that is owned,
   47  leased, or subsidized by the employer and is used for the
   48  purpose of ridesharing.
   49         (4) An employer who requires an employee to:
   50         (a) Document the conclusion of the employee’s shift, by
   51  punching a time clock or other similar method, and subsequently
   52  requires the employee to continue working without punching the
   53  time clock to signify the beginning of a new shift; or
   54         (b) Sign an employment contract to work a specified number
   55  of hours and pays the employee for less than the amount of
   56  contracted hours worked by the employee,
   57  
   58  commits a misdemeanor of the first degree, punishable as
   59  provided in s. 775.082 or s. 775.083.
   60         (5) This section does not affect, change, or limit an
   61  employer’s liability under the Workers’ Compensation Law, and
   62  when any person employed to perform manual labor of any kind by
   63  the day, week, month or year renders 10 hours of labor, he or
   64  she shall be considered to have performed a legal day’s work,
   65  unless a written contract has been signed by the person so
   66  employed and the employer, requiring a less or greater number of
   67  hours of labor to be performed daily.
   68         (2) Unless such written contract has been made, the person
   69  employed shall be entitled to extra pay for all work performed
   70  by the requirement of his or her employer in excess of 10 hours’
   71  labor daily.
   72         Section 3. This act shall take effect July 1, 2015.