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FL S1436

Bill

Status

Failed

3/9/2012

Primary Sponsor

Oscar Braynon

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Creates the "Abusive Workplace Environment Act" to provide legal protections for public sector employees subjected to deliberate abusive conduct in the workplace, including verbal abuse, threatening behavior, work sabotage, and exploitation of known vulnerabilities.

  • Prohibits public employers (state agencies, counties, municipalities, school districts, community colleges, and state universities) from subjecting employees to abusive workplace environments or failing to exercise reasonable care to prevent and correct such conduct when they have knowledge of it.

  • Establishes private right of action with 1-year statute of limitations; if abusive conduct results in adverse employment action, court may award reinstatement, back pay, front pay, emotional distress damages, punitive damages, and attorney fees; if no adverse employment action, damages capped at $25,000 with no punitive damages for employers.

  • Allows individual employees to be held liable for abusive conduct and provides affirmative defenses for employers and employees under specified circumstances, such as exercising reasonable preventive care or acting under employer direction.

  • Provides that remedies are cumulative with other laws and requires reimbursement of workers' compensation payments if an employee receives duplicate compensation under both this act and the Workers' Compensation Act; effective July 1, 2012.

Legislative Description

Abusive Workplace Environments

Last Action

Died in Commerce and Tourism

3/9/2012

Committee Referrals

Commerce And Tourism1/13/2012

Full Bill Text

No bill text available