Florida Senate - 2011 SB 982
By Senator Norman
12-00534-11 2011982__
1 A bill to be entitled
2 An act relating to wage protection for employees;
3 providing for a short title; providing legislative
4 findings; prohibiting a county, municipality, or
5 political subdivision of the state from adopting a
6 wage theft ordinance or regulation that exceeds
7 certain state and federal laws; preempting such
8 activities to the state; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. This act may be cited as the “Florida Wage
13 Protection Act.”
14 Section 2. Wage protection; preemption.—
15 (1) The Legislature finds as a matter of public policy that
16 it is necessary to declare the theft of wages and the denial of
17 fair compensation for work completed to be against the laws and
18 policies of this state.
19 (2) Employers and employees alike benefit from consistent
20 and established standards of wage theft regulation. Existing
21 federal and state laws, including the Federal Fair Labor
22 Standards Act; the Davis-Bacon Act; the McNamara-O’Hara Service
23 Contract Act; the Migrant and Seasonal Agricultural Protection
24 Act; the Contract Work Hours and Safety Standards Act; the
25 Copeland “Anti-Kickback” Act; chapter 448, Florida Statutes; and
26 Section 24, Article X of the State Constitution, seek to protect
27 employees from predatory and unfair wage practices while also
28 providing appropriate due process to employers.
29 (3) Any additional wage theft ordinance or regulation that
30 exceeds the designated state and federal laws is explicitly
31 preempted to the state. A county, municipality, or political
32 subdivision of the state may not adopt or maintain in effect any
33 law, ordinance, or rule that creates requirements, regulations,
34 or processes for the purpose of addressing wage theft.
35 Section 3. This act shall take effect July 1, 2011.