CS/CS/CS/HB 1125 Summary

• Creates a civil cause of action for wage theft, defined as illegal or improper underpayment or nonpayment of wages within a reasonable time (2 weeks if no pay schedule established) from when work was performed.

• Establishes county court jurisdiction for wage theft claims with filing fees capped at $50, requires actions be brought in the county where work was performed, and governs proceedings under Florida Small Claims Rules.

• Requires employees to notify employers in writing before filing suit, identifying amount owed and work dates; employers have 7 days to pay or resolve the claim; actions must be filed within 1 year of last unpaid work date.

• Limits damages to twice the amount of compensation owed; prohibits awards of noneconomic damages, punitive damages, or attorney fees; requires proof by preponderance of evidence.

• Allows counties and municipalities to establish administrative processes to assist wage collection and negotiation but prohibits them from adopting substantive wage theft regulations beyond this process; preexisting local ordinances enacted before January 2, 2013 are preserved.