Bill Text: FL S0890 | 2015 | Regular Session | Introduced
Bill Title: Labor Regulations
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-27 - Withdrawn prior to introduction [S0890 Detail]
Download: Florida-2015-S0890-Introduced.html
Florida Senate - 2015 SB 890 By Senator Bullard 39-01308-15 2015890__ 1 A bill to be entitled 2 An act relating to labor regulations; providing a 3 short title; amending s. 448.01, F.S.; revising the 4 number of hours of labor that comprise a legal day’s 5 work; revising rates of overtime compensation for 6 labor performed in excess of certain hours of work; 7 providing for applicability; providing that commuting 8 to and from certain locations is not a part of a day’s 9 work under certain circumstances; prohibiting an 10 employer from requiring an employee to continue 11 working after the employee’s shift under certain 12 circumstances; prohibiting an employer from paying an 13 employee for less than the amount of contracted hours 14 worked by the employee; providing penalties; providing 15 that the act does not affect an employer’s liability 16 under the Workers’ Compensation Law; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. This act may be cited as the “Florida Overtime 22 Act of 2015.” 23 Section 2. Section 448.01, Florida Statutes, is amended to 24 read: 25 448.01 Legal day’s work; overtime; commutingextrapay.— 26 (1) EightTenhours of labor shall be a legal day’s work. 27 (2) Any work in excess of 8 hours in any 1 workday, any 28 work in excess of 40 hours in any 1 workweek, and the first 8 29 hours worked on the 7th day of any 1 workweek shall be 30 compensated at the rate of at least one and one-half times the 31 employee’s base rate of pay. Any work in excess of 12 hours in 32 any 1 workday, or any work in excess of 8 hours on the 7th day 33 of any 1 workweek, shall be compensated at the rate of at least 34 twice the employee’s base rate of pay. This section does not 35 require an employer to combine more than one rate of overtime 36 compensation in order to calculate the amount to be paid to an 37 employee for any hour of overtime work. This subsection does not 38 apply to the payment of overtime compensation to an employee 39 working pursuant to any of the following: 40 (a) An alternative workweek schedule adopted pursuant to a 41 collective bargaining agreement. 42 (b) An alternative workweek schedule to which this chapter 43 does not apply. 44 (3) Time spent commuting to and from the first place where 45 the employer requires an employee’s presence is not a part of a 46 workday when the employee commutes in a vehicle that is owned, 47 leased, or subsidized by the employer and is used for the 48 purpose of ridesharing. 49 (4) An employer who requires an employee to: 50 (a) Document the conclusion of the employee’s shift, by 51 punching a time clock or other similar method, and subsequently 52 requires the employee to continue working without punching the 53 time clock to signify the beginning of a new shift; or 54 (b) Sign an employment contract to work a specified number 55 of hours and pays the employee for less than the amount of 56 contracted hours worked by the employee, 57 58 commits a misdemeanor of the first degree, punishable as 59 provided in s. 775.082 or s. 775.083. 60 (5) This section does not affect, change, or limit an 61 employer’s liability under the Workers’ Compensation Law, and62when any person employed to perform manual labor of any kind by63the day, week, month or year renders 10 hours of labor, he or64she shall be considered to have performed a legal day’s work,65unless a written contract has been signed by the person so66employed and the employer, requiring a less or greater number of67hours of labor to be performed daily. 68(2) Unless such written contract has been made, the person69employed shall be entitled to extra pay for all work performed70by the requirement of his or her employer in excess of 10 hours’71labor daily.72 Section 3. This act shall take effect July 1, 2015.