Bill Text: FL H0241 | 2011 | Regular Session | Engrossed

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Bill Title: Wage Protection

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0241 Detail]

Download: Florida-2011-H0241-Engrossed.html

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CS/HB 241

1	A bill to be entitled
2	An act relating to wage protection; creating s. 448.111,
3	F.S.; providing a short title; providing a definition;
4	providing legislative findings and intent; preempting
5	regulation of wage theft to the state, except as otherwise
6	provided by federal law, and superseding any municipal or
7	county ordinance or other local regulation on the subject;
8	providing that any local ordinance governing wage theft
9	enacted before January 1, 2011, is not preempted;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 448.111, Florida Statutes, is created
15	to read:
16	448.111  Florida Wage Protection Law.-
17	(1)  This section may be cited as the "Florida Wage
18	Protection Law."
19	(2)  For purposes of this section, the term "wage theft"
20	means the underpayment or nonpayment of wages earned through
21	lawful employment.
22	(3)  The Legislature finds as a matter of public policy
23	that it is necessary to declare the theft of wages and the
24	denial of compensation for work completed to be against the laws
25	and policies of the state.
26	(4)  The Legislature finds that employers and employees
27	benefit from consistent and established standards of laws
28	relating to wage theft and that existing federal and state laws,
29	including the federal Fair Labor Standards Act of 1938, the
30	Davis-Bacon Act, the McNamara-O'Hara Service Contract Act of
31	1965, the Migrant and Seasonal Agricultural Worker Protection
32	Act, the Contract Work Hours and Safety Standards Act, the
33	Copeland "Anti-kickback" Act, this chapter, and s. 24, Art. X of
34	the State Constitution protect employees from predatory and
35	unfair wage practices while also providing appropriate due
36	process to employers.
37	(5)  It is the intent of this section to provide uniform
38	wage theft laws in the state, to void all ordinances and
39	regulations relating to wage theft that have been enacted by a
40	governmental entity other than the state or the Federal
41	Government, and to prohibit the enactment of any future
42	ordinance or other local regulation relating to wage theft.
43	(6)  This section hereby expressly preempts regulation of
44	wage theft to the state and supersedes any municipal or county
45	ordinance or other local regulation on the subject. Any local
46	ordinance governing wage theft enacted before January 1, 2011,
47	is not preempted by this section.
48	Section 2.  This act shall take effect upon becoming a law.
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CODING: Words stricken are deletions; words underlined are additions.