Florida Senate - 2012 SB 2106 By the Committee on Commerce and Tourism 577-03054-12 20122106__ 1 A bill to be entitled 2 An act relating to tipped employees; authorizing an 3 employer to elect to guarantee that all tipped 4 employees receive a wage, including tips, equal to a 5 minimum percentage of the state minimum wage; 6 requiring that the employer make the election in 7 writing and prominently display it in the employer’s 8 premises; requiring that the election remain in effect 9 for a specified period of time until revoked by the 10 employer; providing that the employer is subject to 11 civil actions and fines if the employer fails to pay a 12 tipped employee the wage guaranteed under the act or 13 engages in any discriminatory or retaliatory action; 14 providing that an employer that pays a tipped employee 15 the wage guaranteed is deemed to have fulfilled the 16 employer’s obligations with respect to payment of the 17 state minimum wage; providing that the act does not 18 affect the employer’s obligation to comply with the 19 federal Fair Labor Standards Act; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Optional guaranteed wage for tipped employees. 25 For tipped employees who meet eligibility requirements for the 26 tip credit under the federal Fair Labor Standards Act, an 27 employer may elect to guarantee that all such employees receive 28 a wage, including tips, equal to at least 130 percent of the 29 state minimum wage established pursuant to s. 448.110, Florida 30 Statutes, rounded up to the next cent. 31 (1) The employer shall make this election in writing. This 32 written election must be dated and prominently displayed in a 33 conspicuous, accessible place on the employer’s premises and 34 must remain in effect for at least 1 year until revoked by the 35 employer. 36 (2) If an employer fails to pay a tipped employee the wage 37 guaranteed under this section, or engages in any discriminatory 38 or retaliatory action prohibited under s. 448.110, Florida 39 Statutes, the employer is subject to the civil actions and fines 40 provided for under s. 448.110, Florida Statutes. 41 (3) An employer that pays a tipped employee the wage 42 guaranteed under this section is deemed to have fulfilled the 43 employer’s obligations with respect to payment of the state 44 minimum wage. This section does not affect an employer’s 45 obligation to comply with the requirements of the federal Fair 46 Labor Standards Act. 47 Section 2. This act shall take effect July 1, 2012.