Florida Senate - 2011 SENATOR AMENDMENT
Bill No. SB 982
Barcode 128472
LEGISLATIVE ACTION
Senate . House
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Senator Norman moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 448.111, Florida Statutes, is created to
6 read:
7 448.111 Florida Wage Protection Law.—
8 (1) This section may be cited as the “Florida Wage
9 Protection Law.”
10 (2) For purposes of this section, the term “wage theft”
11 means the underpayment or nonpayment of wages earned through
12 lawful employment.
13 (3) The Legislature finds as a matter of public policy that
14 it is necessary to declare the theft of wages and the denial of
15 compensation for work completed to be against the laws and
16 policies of the state.
17 (4) The Legislature finds that employers and employees
18 benefit from consistent and established standards of laws
19 relating to wage theft and that existing federal and state laws,
20 including the federal Fair Labor Standards Act of 1938, the
21 Davis-Bacon Act, the McNamara-O’Hara Service Contract Act of
22 1965, the Migrant and Seasonal Agricultural Worker Protection
23 Act, the Contract Work Hours and Safety Standards Act, the
24 Copeland “Anti-kickback” Act, this chapter, and s. 24, Art. X of
25 the State Constitution protect employees from predatory and
26 unfair wage practices while also providing appropriate due
27 process to employers.
28 (5) It is the intent of this section to provide uniform
29 wage theft laws in the state, to void all ordinances and
30 regulations relating to wage theft that have been enacted by a
31 governmental entity other than the state or the Federal
32 Government, and to prohibit the enactment of any future
33 ordinance or other local regulation relating to wage theft.
34 (6) This section hereby expressly preempts regulation of
35 wage theft to the state and supersedes any municipal or county
36 ordinance or other local regulation on the subject. Any local
37 ordinance governing wage theft enacted before January 1, 2011,
38 is not preempted by this section.
39 Section 2. This act shall take effect upon becoming a law.
40
41 ================= T I T L E A M E N D M E N T ================
42 And the title is amended as follows:
43 Delete everything before the enacting clause
44 and insert:
45 A bill to be entitled
46 An act relating to wage protection; creating s.
47 448.111, F.S.; providing a short title; providing a
48 definition; providing legislative findings and intent;
49 preempting regulation of wage theft to the state,
50 except as otherwise provided by federal law, and
51 superseding any municipal or county ordinance or other
52 local regulation on the subject; providing that any
53 local ordinance governing wage theft enacted before
54 January 1, 2011, is not preempted; providing an
55 effective date.