| 1 | A bill to be entitled |
| 2 | An act relating to unemployment compensation; amending s. |
| 3 | 443.101, F.S.; providing definitions; providing specified |
| 4 | circumstances under which a day laborer is deemed to have |
| 5 | voluntarily quit employment and is disqualified for |
| 6 | benefits; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (10) of section 443.101, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 443.101 Disqualification for benefits.--An individual |
| 13 | shall be disqualified for benefits: |
| 14 | (10) Subject to the requirements of this subsection, if |
| 15 | the claim is made based on the loss of employment as a leased |
| 16 | employee for an employee leasing company or as a temporary |
| 17 | employee for a temporary help firm or labor pool. |
| 18 | (a) As used in this subsection, the term: |
| 19 | 1. "Day laborer" means any individual employed by a labor |
| 20 | pool. |
| 21 | 2. "Labor pool" has the same meaning as in s. 448.22(1). |
| 22 | 3. "Leased employee" means an employee assigned to work |
| 23 | for the clients of an employee leasing company regulated under |
| 24 | part XI of chapter 468. |
| 25 | 4. "Temporary employee" means an employee assigned to work |
| 26 | for the clients of a temporary help firm. |
| 27 | 5.1. "Temporary help firm" means a firm that hires its own |
| 28 | employees and assigns them to clients to support or supplement |
| 29 | the client's workforce in work situations such as employee |
| 30 | absences, temporary skill shortages, seasonal workloads, and |
| 31 | special assignments and projects. The term also includes a firm |
| 32 | created by an entity licensed under s. 125.012(6), which hires |
| 33 | employees assigned by a union for the purpose of supplementing |
| 34 | or supporting the workforce of the temporary help firm's |
| 35 | clients. The term does not include employee leasing companies |
| 36 | regulated under part XI of chapter 468. |
| 37 | 2. "Temporary employee" means an employee assigned to work |
| 38 | for the clients of a temporary help firm. |
| 39 | 3. "Leased employee" means an employee assigned to work |
| 40 | for the clients of an employee leasing company regulated under |
| 41 | part XI of chapter 468. |
| 42 | (b) A temporary or leased employee is deemed to have |
| 43 | voluntarily quit employment and is disqualified for benefits |
| 44 | under subparagraph (1)(a)1. if, upon conclusion of his or her |
| 45 | latest assignment, the temporary or leased employee, without |
| 46 | good cause, failed to contact the temporary help or employee- |
| 47 | leasing firm for reassignment, if the employer advised the |
| 48 | temporary or leased employee at the time of hire and that the |
| 49 | leased employee is notified also at the time of separation that |
| 50 | he or she must report for reassignment upon conclusion of each |
| 51 | assignment, regardless of the duration of the assignment, and |
| 52 | that unemployment benefits may be denied for failure to report. |
| 53 | (c) A day laborer is deemed to have voluntarily quit |
| 54 | employment and is disqualified for benefits under subparagraph |
| 55 | (1)(a)1. if, upon conclusion of his or her latest assignment, |
| 56 | the day laborer, without good cause, fails to return in person |
| 57 | on the next business day to obtain a new assignment, provided |
| 58 | that the labor pool advised the day laborer at the time of hire |
| 59 | that he or she must report in person for reassignment the next |
| 60 | business day following conclusion of each assignment, regardless |
| 61 | of the duration of the assignment, and that unemployment |
| 62 | benefits may be denied for failure to report in person. |
| 63 | Section 2. This act shall take effect July 1, 2008. |