Florida Senate - 2020                                    SB 1436
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01269-20                                           20201436__
    1                        A bill to be entitled                      
    2         An act relating to overtime pay; creating s. 448.115,
    3         F.S.; requiring employers to pay certain employees
    4         overtime pay at a specified rate; requiring the
    5         Department of Economic Opportunity to adjust, at
    6         specified intervals, the threshold for mandatory
    7         overtime pay; providing effective dates for the
    8         adjusted thresholds; repealing s. 448.01, F.S.,
    9         relating to a legal day’s work and extra pay; amending
   10         s. 448.24, F.S.; conforming a provision to changes
   11         made by the act; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 448.115, Florida Statutes, is created to
   16  read:
   17         448.115 Overtime pay.—
   18         (1) Effective July 1, 2020, an employer must pay a salaried
   19  employee who makes less than $51,064 per year overtime pay for
   20  hours worked over 40 in a workweek at a rate not less than time
   21  and one-half the employee’s regular rate of pay.
   22         (2) Beginning September 30, 2023, and on September 30 of
   23  every third year thereafter, the Department of Economic
   24  Opportunity shall adjust the threshold for mandatory overtime
   25  pay so that it is aligned with the 40th percentile of weekly
   26  earnings of full-time salaried workers in the lowest wage census
   27  region. Each adjusted threshold takes effect on the following
   28  January 1, with the initial adjusted threshold to take effect on
   29  January 1, 2024.
   30         Section 2. Section 448.01, Florida Statutes, is repealed.
   31         Section 3. Paragraph (d) of subsection (2) of section
   32  448.24, Florida Statutes, is amended to read:
   33         448.24 Duties and rights.—
   34         (2) A labor pool shall:
   35         (d) Compensate day laborers at or above the minimum wage,
   36  in conformance with s. 448.01. Deductions, other than those
   37  authorized by federal or state law, may not bring the worker’s
   38  pay below minimum wage for the hours worked.
   39         Section 4. This act shall take effect July 1, 2020.