Florida Senate - 2018                                    SB 1748
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01300A-18                                          20181748__
    1                        A bill to be entitled                      
    2         An act relating to labor contracts; amending s.
    3         448.102, F.S.; providing that certain provisions in
    4         labor contracts are unconscionable, void, and
    5         unenforceable; providing exceptions; specifying a
    6         cause of action; authorizing damages; providing a
    7         statute of limitations; providing applicability;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 448.102, Florida Statutes, is amended to
   13  read:
   14         448.102 Prohibitions.—
   15         (1) RETALIATORY PERSONNEL ACTION.—An employer may not take
   16  any retaliatory personnel action against an employee because the
   17  employee has:
   18         (a)(1) Disclosed, or threatened to disclose, to any
   19  appropriate governmental agency, under oath, in writing, an
   20  activity, policy, or practice of the employer that is in
   21  violation of a law, rule, or regulation. However, this paragraph
   22  subsection does not apply unless the employee has, in writing,
   23  brought the activity, policy, or practice to the attention of a
   24  supervisor or the employer and has afforded the employer a
   25  reasonable opportunity to correct the activity, policy, or
   26  practice.
   27         (b)(2) Provided information to, or testified before, any
   28  appropriate governmental agency, person, or entity conducting an
   29  investigation, hearing, or inquiry into an alleged violation of
   30  a law, rule, or regulation by the employer.
   31         (c)(3) Objected to, or refused to participate in, any
   32  activity, policy, or practice of the employer which is in
   33  violation of a law, rule, or regulation.
   34         (2) CONTRACTS; PROHIBITED PROVISIONS.—
   35         (a)1. Any provision of a contract or agreement that waives
   36  a substantive or procedural right or remedy relating to a claim
   37  of discrimination, retaliation, harassment, or a violation of
   38  public policy in employment is unconscionable, void, and
   39  unenforceable with respect to any such claim arising after the
   40  contract or agreement with the waiver is entered into.
   41         2. A provision of a contract or agreement that is void and
   42  unenforceable because of such a waiver does not affect the
   43  validity of the remainder of the contract or agreement.
   44         3. This paragraph does not apply to the terms of a
   45  collective bargaining agreement between an employer and the bona
   46  fide collective bargaining representative of that employer’s
   47  employees.
   48         (b) Any provision of a contract or agreement that conceals
   49  details relating to a claim of discrimination, retaliation,
   50  harassment, or a violation of public policy in employment,
   51  including claims that are submitted to arbitration, is
   52  unconscionable, void, and unenforceable. This paragraph does not
   53  apply to the terms and conditions of an award issued by an
   54  arbitrator pursuant to chapter 682, the Revised Florida
   55  Arbitration Code, or the amount of any monetary consideration
   56  provided in a settlement.
   57         (c) An employer may not take any retaliatory action,
   58  including, but not limited to, failure to hire, discharge,
   59  suspension, demotion, discrimination in the terms, conditions,
   60  or privileges of employment, or other adverse action against a
   61  person because the person does not enter into a contract or
   62  agreement that contains a waiver deemed unconscionable, void, or
   63  unenforceable under this subsection.
   64         (d) An employer who enforces or attempts to enforce a
   65  waiver deemed unconscionable, void, or unenforceable under this
   66  subsection is liable for reasonable court costs and attorney
   67  fees.
   68         (e) A person aggrieved of a violation of this subsection
   69  may, within 3 years after the violation, bring an action in a
   70  court of competent jurisdiction for compensatory damages,
   71  injunctive relief, and reasonable court costs and attorney fees.
   72  The rights and remedies provided in this subsection shall not be
   73  exclusive and shall not preempt other procedures and remedies
   74  available under other applicable laws.
   75         (f) This subsection applies to any contract renewed or
   76  entered into on or after July 1, 2018.
   77         Section 2. This act shall take effect July 1, 2018.