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FL H1199

Bill

Status

Failed

3/8/2024

Primary Sponsor

Angela Nixon

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Creates the Division of Labor Standards within the Florida Department of Commerce to administer and enforce the state's minimum wage law (Article X, Section 24 of the State Constitution) and related labor protections, designating the department as the state's chief agency for employee protection.

  • Expands employee protections against retaliation, establishing a rebuttable presumption of violation if an employer takes adverse action within 90 days of an employee exercising protected rights, which can only be overcome by clear and convincing evidence.

  • Grants the division broad investigative and enforcement powers, including authority to enter and inspect workplaces, issue subpoenas, issue citations with penalties up to $50 per day per violation per employee, seek injunctive relief, issue stop-orders prohibiting business operations, place liens on employer property, and levy employer assets to satisfy judgments.

  • Makes it a violation to misclassify employees as independent contractors, places the burden of proof on employers to demonstrate independent contractor status using a three-factor test, and holds client employers jointly and severally liable with labor contractors for unpaid wages, damages, and penalties.

  • Establishes the Division of Labor Standards Community Advisory Board—including representatives from state agencies, the Florida Chamber of Commerce, a small business, and four labor organizations—to meet at least three times per year and submit an annual report by January 1 to the Governor and Legislature recommending policy changes with emphasis on racial equity and low-wage and migrant workers.

Legislative Description

Division of Labor Standards

Last Action

Died in Constitutional Rights, Rule of Law & Government Operations Subcommittee

3/8/2024

Committee Referrals

Constitutional Rights, Rule of Law & Government Operations Subcommittee1/13/2024

Full Bill Text

No bill text available