Bill Text: FL S0926 | 2014 | Regular Session | Introduced

Florida Senate Bill 926 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Wage Theft

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2014-05-02 - Died on Calendar [S0926 Detail]

Download: Florida-2014-S0926-Introduced.html

       Florida Senate - 2014                                     SB 926
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-01390-14                                            2014926__
    1                        A bill to be entitled                      
    2         An act relating to local regulation of wage theft;
    3         creating s. 448.111, F.S.; defining terms; providing
    4         requirements for county ordinances regulating wage
    5         theft; authorizing county funding to assist in
    6         addressing claims of wage theft; preempting further
    7         regulation of wage theft to the state; providing an
    8         exception for an ordinance enacted by a specified
    9         date; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 448.111, Florida Statutes, is created to
   14  read:
   15         448.111 Local regulation of wage theft.—
   16         (1) DEFINITIONS.—As used in this section, the term:
   17         (a) “Legal services organization” means an organization
   18  that provides free or low-cost legal services to qualified
   19  persons and meets the minimum standards established by The
   20  Florida Bar for providing such services, including a legal
   21  practice clinic operated by an accredited Florida law school.
   22         (b) “Wage theft” means an illegal or improper underpayment
   23  or nonpayment of an individual employee’s wage, salary,
   24  commission, or other similar form of compensation within a
   25  reasonable time after the date on which the employee performed
   26  the work to be compensated. A wage theft occurs when an employer
   27  fails to pay a portion of the wages, salary, commissions, or
   28  other similar forms of compensation due to an employee within a
   29  reasonable time after the date on which the employee performed
   30  the work, according to the current applicable rate and the pay
   31  schedule of the employer established by policy or practice.
   32         (2) LOCAL ORDINANCES; REQUIRED PROVISIONS.—Upon the
   33  determination by a county that a local solution to wage theft is
   34  necessary, the county may adopt a local ordinance that includes
   35  the following provisions:
   36         (a) The county shall partner with a local legal services
   37  organization for the purpose of establishing a local process
   38  through which claims of wage theft shall be addressed by the
   39  legal services organization. The county may partner with a legal
   40  services organization located within the county itself or within
   41  an adjoining county.
   42         (b) An individual who has experienced wage theft may
   43  contact the legal services organization for assistance in
   44  recovering wages. The legal services organization shall
   45  determine whether the individual has a bona fide claim for
   46  unpaid wages.
   47         (c) The legal services organization shall notify the
   48  employer and provide the employer with an opportunity to resolve
   49  the matter of unpaid wages in the manner deemed most appropriate
   50  to each claim. The notification may occur by telephone, written
   51  correspondence, or any other means deemed appropriate by the
   52  legal services organization.
   53         (d) The legal services organization shall work with the
   54  employee and employer to resolve the issue informally but
   55  expeditiously. The informal resolution may include obtaining
   56  attorney fees and costs from the employer.
   57         (e) The legal services organization shall file court
   58  actions as appropriate and refer unresolved claims to local pro
   59  bono or other counsel for resolution.
   60         (f) The county shall establish a reporting mechanism
   61  through which the county receives regular reports regarding the
   62  legal services organization’s work on cases of wage theft. The
   63  county may require monthly, quarterly, or annual reports, or any
   64  combination thereof.
   65         (3) FUNDING.—The county may dedicate county funds to assist
   66  the legal services organization in addressing claims of wage
   67  theft.
   68         (4) PREEMPTION.—Except as provided in subsection (5), any
   69  regulation of wage theft by a county, municipality, or other
   70  political subdivision that exceeds the provisions in this
   71  section is preempted to the state.
   72         (5) CURRENT ORDINANCES.—Notwithstanding subsection (4), a
   73  local ordinance governing wage theft which was enacted on or
   74  before January 1, 2014, is not preempted by this section.
   75         Section 2. This act shall take effect upon becoming a law.