Florida Bill Would Revise Methods For Labor Pools to Compensate Day Laborers

UPDATE: On May 14, 2015, Florida Governor Rick Scott signed Senate Bill 456 into law. This new law is effective July 1, 2015.

On January 22, 2015, Florida Senate Bill 456 was introduced, proposing to revise the methods by which a labor pool may pay day laborers. If signed into law, Senate Bill 456 would permit a labor pool to compensate day labors, paying them in cash, using a commonly accepted negotiable instrument that is payable in cash, on demand at a financial institution, and without discount, using a payroll debit card, or by electronic fund transfer to a financial institution designated by the day laborer.

If the labor pool planned to offer to compensate a day laborer by payroll debit card, Senate Bill 456 would require it to provide the day laborer with a list, including the address, of a business that is in close proximity to the labor pool and that does not charge a fee to withdraw the contents of the payroll debit card. Before a day laborer’s first pay period, the labor pool would be required to provide notice of the method of payment that it intends to use for payroll and the day laborer’s options to elect a different method of payment, and to authorize the day laborer to elect not to be paid by payroll debit card or electronic fund transfer.

Senate Bill 456 would also be prohibited from making deductions, other than those authorized permitted by federal or state law, that would bring the worker’s pay below minimum wage for the hours worked. At the time of each payment of wages, the labor pool would also be required to furnish each worker with a written itemized statement showing in detail each deduction made from such wages, but the labor pool may deliver this statement electronically upon written request of the day laborer.

If signed into law, it would take effect July 1, 2015.