Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 862
       
       
       
       
       
       
                                Barcode 105770                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1) There is created a civil cause of action for
    6  the collection of unpaid wages.
    7         (2) The term:
    8         (a) “Wages” means wages, salaries, commissions, or other
    9  similar forms of compensation.
   10         (b) “Unpaid wages” means the improper underpayment or
   11  nonpayment of wages within a reasonable time after the date on
   12  which the employee performed the work for which the wages are
   13  compensable.
   14         (3) An employer shall pay the wages due to an employee for
   15  the work that the employee performed and which are due within a
   16  reasonable time after the date on which the employee performed
   17  the work. The employer shall pay the wages according to the
   18  applicable rate and the employer’s own pay schedule established
   19  by policy or practice. If a pay schedule has not been
   20  established, a reasonable time following the date on which that
   21  employee performed the work is presumed to be 2 weeks.
   22         (4) As a condition precedent to bringing a claim for unpaid
   23  wages, the claimant shall notify in writing the employer alleged
   24  to have violated this section of the employee’s intent to
   25  initiate a claim. The notice must identify the amount that the
   26  claimant alleges he or she is owed, the actual or estimated work
   27  dates and hours for which payment is sought, and the total
   28  amount of alleged unpaid wages through the date of the notice.
   29  The employer has 15 days following the date of service of the
   30  notice to pay the total amount of unpaid wages or otherwise
   31  resolve the claim to the satisfaction of the claimant.
   32         (5) The claim shall have its venue in the county where the
   33  work was performed or where the employer resides. A claim for
   34  unpaid wages shall be tried before the court and not before a
   35  jury. The claimant does not have a right to a class action to
   36  enforce such unpaid wage claims.
   37         (6) A claim for unpaid wages under this section must be
   38  filed within 1 year following the last date that the allegedly
   39  unpaid work was performed by the employee.
   40         (7) A prevailing claimant is entitled to damages, which
   41  shall be the actual wages due and owing, plus court costs and
   42  interest.
   43         (8)(a) A county, municipality, or political subdivision may
   44  establish an administrative, nonjudicial complaint process by
   45  which an unpaid wage claim may be filed by, or on behalf of, an
   46  aggrieved employee in order to assist in the collection of wages
   47  owed to the employee. Any such process shall afford the parties
   48  involved an opportunity to negotiate a resolution to the wages
   49  in question.
   50         (b) A county, municipality, or political subdivision may
   51  not adopt or maintain in effect any law, ordinance, or rule that
   52  creates requirements or regulations for the purpose of
   53  addressing unpaid wage claims other than to establish the
   54  administrative process provided for in this section.
   55         (c) Any other regulation, ordinance, or provision for the
   56  recovery of unpaid wages by a county, municipality, or political
   57  subdivision is expressly prohibited and is preempted to the
   58  state.
   59         (9) This section does not apply to an employer whose annual
   60  gross volume of sales is more than $500,000, exclusive of sales
   61  tax collected or excise taxes paid.
   62  Section 2. This act shall take effect July 1, 2012.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65         And the title is amended as follows:
   66         Delete everything before the enacting clause
   67  and insert:
   68                        A bill to be entitled                      
   69         An act relating to wage protection for employees;
   70         creating a civil cause of action for the collection of
   71         unpaid wages; defining terms; requiring an employer to
   72         pay the wages due to an employee for the work that the
   73         employee performed within a reasonable time after the
   74         date on which the employee performed the work;
   75         requiring a claimant, as a condition precedent to
   76         bringing a claim for unpaid wages, to notify in
   77         writing the employer of the employee’s intention to
   78         initiate a claim; providing for the content of the
   79         notice; allotting the employer a specific time to pay
   80         the total amount of unpaid wages or otherwise resolve
   81         the claim to the satisfaction of the claimant;
   82         providing for the venue of such claims; prohibiting
   83         the maintenance of a class action; providing for
   84         damages to include court costs and interest;
   85         authorizing a county, municipality, or political
   86         subdivision to establish an administrative,
   87         nonjudicial process by which a claim may be filed by,
   88         or on behalf of, an aggrieved employee; prohibiting a
   89         county, municipality, or political subdivision from
   90         adopting or maintaining in effect a law, ordinance, or
   91         rule for the purpose of addressing unpaid wage claims
   92         other than to establish an administrative process as
   93         provided in the act; providing that any regulation,
   94         ordinance, or other provision for recovery of unpaid
   95         wages by counties, municipalities, or political
   96         subdivisions is prohibited and preempted to the state;
   97         providing a limitation of applicability to certain
   98         employers; providing an effective date.