2015 Legislature                                          SB 456
    2         An act relating to labor pools; amending s. 448.24,
    3         F.S.; revising methods by which a labor pool is
    4         required to compensate day laborers; requiring a labor
    5         pool to provide certain notice before a day laborer’s
    6         first pay period; specifying requirements for a labor
    7         pool that selects to compensate a day laborer by
    8         payroll debit card; authorizing a labor pool to
    9         deliver a wage statement electronically upon request
   10         by the day laborer; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (2) of section 448.24, Florida
   15  Statutes, is amended to read:
   16         448.24 Duties and rights.—
   17         (2) A labor pool shall:
   18         (a) Select one of the following methods of payment to
   19  compensate a day laborer laborers for work performed: in the
   20  form of
   21         1. Cash., or
   22         2. Commonly accepted negotiable instruments that are
   23  payable in cash, on demand at a financial institution, and
   24  without discount.
   25         3. Payroll debit card.
   26         4. Electronic fund transfer, which must be made to a
   27  financial institution designated by the day laborer.
   28         (b) Before a day laborer’s first pay period, provide notice
   29  to the day laborer of the method of payment that the labor pool
   30  intends to use for payroll and the day laborer’s options to
   31  elect a different method of payment, and authorize the day
   32  laborer to elect not to be paid by payroll debit card or
   33  electronic fund transfer.
   34         (c) If selecting to compensate a day laborer by payroll
   35  debit card:
   36         1. Offer the day laborer the option to elect payment by
   37  electronic fund transfer; and
   38         2. Before selecting payroll debit card, provide the day
   39  laborer with a list, including the address, of a business that
   40  is in close proximity to the labor pool and that does not charge
   41  a fee to withdraw the contents of the payroll debit card.
   42         (d)(b) Compensate day laborers at or above the minimum
   43  wage, in conformance with the provision of s. 448.01. In no
   44  event shall any Deductions, other than those authorized
   45  permitted by federal or state law, may not bring the worker’s
   46  pay below minimum wage for the hours worked.
   47         (e)(c) Comply with all requirements of chapter 440.
   48         (f)(d) Insure any motor vehicle owned or operated by the
   49  labor hall and used for the transportation of workers pursuant
   50  to Florida Statutes.
   51         (g)(e) At the time of each payment of wages, furnish each
   52  worker a written itemized statement showing in detail each
   53  deduction made from such wages. A labor pool may deliver this
   54  statement electronically upon written request of the day
   55  laborer.
   56         (h)(f) Provide each worker with an annual earnings summary
   57  within a reasonable period of time after the end of the
   58  preceding calendar year, but no later than February 1.
   59         Section 2. This act shall take effect July 1, 2015.