| 1 | A bill to be entitled |
| 2 | An act relating to notification regarding the state |
| 3 | minimum wage; providing definitions; requiring an employer |
| 4 | to display posters at worksites to provide employees |
| 5 | notice about the state minimum wage; requiring the Agency |
| 6 | for Workforce Innovation to make available an updated |
| 7 | poster each year; providing for the size and contents of |
| 8 | the posters; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Notification of the state minimum wage.-- |
| 13 | (1) As used in this section, the terms: |
| 14 | (a) "Employer," "employee," and "wage" have the meanings |
| 15 | as established under the federal Fair Labor Standards Act and |
| 16 | its implementing regulations. |
| 17 | (b) "Florida minimum wage" means the wage that an employer |
| 18 | must, at a minimum, pay an employee pursuant to Section 24, |
| 19 | Article X of the State Constitution and implementing law. |
| 20 | (2) Each employer who must pay an employee the Florida |
| 21 | minimum wage shall prominently display a poster made available |
| 22 | pursuant to subsection (3) in a conspicuous and accessible place |
| 23 | at each worksite. |
| 24 | (3)(a) Each year the Agency for Workforce Innovation |
| 25 | shall, on or before December 1, create and make available to |
| 26 | employers a poster in English and in Spanish which reads |
| 27 | substantially as follows: |
| 28 |
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| 29 | NOTICE TO EMPLOYEES |
| 30 |
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| 31 | The Florida minimum wage is $ (amount) per hour |
| 32 | and $ (amount) per hour for tipped workers for January |
| 33 | 1, (year), through December 31, (year). |
| 34 |
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| 35 | The rate of the minimum wage is recalculated |
| 36 | yearly on September 30, based on the Consumer Price |
| 37 | Index. Every year on January 1 the new Florida minimum |
| 38 | wage takes effect. |
| 39 |
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| 40 | An employer may not retaliate against an employee |
| 41 | for exercising his or her right to receive the minimum |
| 42 | wage. Rights protected by the State Constitution |
| 43 | include the right to: |
| 44 | 1. File a complaint with the Agency for |
| 45 | Workforce Innovation about an employer's alleged |
| 46 | noncompliance with lawful minimum-wage requirements. |
| 47 | 2. Inform any person about an employer's alleged |
| 48 | noncompliance with lawful minimum-wage requirements. |
| 49 | 3. Inform any person of his or her potential |
| 50 | rights under Section 24, Article X of the State |
| 51 | Constitution and to assist him or her in asserting |
| 52 | such rights. |
| 53 |
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| 54 | An employee who has not received the lawful |
| 55 | minimum wage may bring a civil action in a court of |
| 56 | law against an employer to recover back wages plus |
| 57 | damages and attorney's fees. |
| 58 |
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| 59 | An employer found liable for intentionally |
| 60 | violating minimum-wage requirements is subject to a |
| 61 | fine of $1,000 per violation, payable to the state. |
| 62 |
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| 63 | The Attorney General or other official designated |
| 64 | by the Legislature may bring a civil action to enforce |
| 65 | the minimum wage. |
| 66 |
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| 67 | For details see Section 24, Article X of the |
| 68 | State Constitution. |
| 69 |
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| 70 | (b) The poster must be at least 12 inches in height by 16 |
| 71 | inches in width and in a format easily seen by employees. The |
| 72 | letters in the poster must be of a conspicuous size. The letters |
| 73 | in the first line must be larger than the letters of any other |
| 74 | line and the letters of the first sentence must be in bold type |
| 75 | and larger than the letters in the remaining lines. |
| 76 | Section 2. This act shall take effect July 1, 2006. |